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COSTA RICA AND NEW GRANADA. 



AN INQUIRY 



QUESTION OF BOUNDARIES, 

WHICH IS PKNDINO BETWEEN THE 

TWO REPUBLICS AFORESAID: 



WITH A MAP FOR THE BETTER UNDERSTANDING OF THE SUB- 
JECT, AND DOCUMENTARY EVIDENCE IN SUPPORT 



ANCIENT TITLES OF COSTA RICA : 

TO WHICH AN APPENDIX HAS BEEN ADDED 

CONTAINING A BRIEF ACCOUNT OF THE QUESTION BETWEEN 

COSTA RICA AND NICARAGUA, 

BY FELIPE^MOLINA, 

ENVOY EXTBAOEDINAEY AND MINISTER PLENIPOTENTIAKY OF COSTA RICA AND- 
GUATEMALA, NEAR THE GOYERNMBNT OS" THE UNITED STATES. 



WASHINGTON; 

H, A. WATERS, PRINTER 
1853. 






J" 



CT *, 



PREFACE- 

It is certainly a great misfortune for a State to be in- 
volved in disputes with its neighbors ; especially when the 
latter happen to be comparatively more powerful or when 
they are not very considerate in their dealings. The 
little Republic of Costa Rica finds herself in this disagreea- 
ble, and on her part, unsought for predicament, having 
boundary questions, both with New Granada on the 
South, and with Nicaragua on the North. 

The main object of the following pages, was originally 
to elucidate these questions with regard to the former ; 
but on further reflection, it seemed advisable to subjoin a 
brief notice, in reference to the latter, in order to present 
to the reader, in a single pamphlet, a condensed ac- 
count of all that pertains to Costa Rica. 

But before entering into the subject, we beg leave to 
offer a few remarks : 

The cause of Costa Rica has hitherto been laboring un- 
der great disadvantages before the American public, in con- 
sequence of the incorrect and extensively circulated state- 
ments of biased writers. Her claims have never obtained 
a dispassionate consideration, owing to the false impres- 
sion, that that Republic was protected by Great Britain. 

But if such were the case, it is obvious that Costa 
Rica would not have been under the necessity, of solicit- 



ing the friendly mediation of the United States tor the 
settlement of her ditiiculties with Nicaragua, as she has 
been doing for the last three years. 

That Costa Rica is on good terms with Great Britain 
and has been spared the contentions that other Central 
American Governments have had with that Power, is a 
fact very easily explained. Possessing, as she does pos- 
sess, an efficient organization, Costa Rica has exerted 
herself to meet all her public engagements in a prompt 
and honorable manner. After having discharged her 
share of the debt contracted by Central America with 
British Bondholders, and after having settled, on her part, 
other liabilities, belonging to the late Federation : being 
entirely free from foreign creditors or claimants, she has 
};ad the good fortune to avoid every cause of misunder- 
standing with other nations. 

Forced into a separate political existence, through the 
unwillingness of the other States to maintain the old con- 
federacy, and their inability to frame a new one, she has, 
nevertheless, endeavored to arrange amicably all the points 
at issue with New Granada and Nicaragua, by oifering 
to the Governments of those countries, respectively, very 
liberal compromises. But her overtures, not having been 
accepted, Costa Rica is bound to insist on the maintain- 
ance of her claims, which it will be seen on examination, 
are not mere questions of abstract rights, but of positive 
and vital importance to the security and developement 
of the Country. 

Entertainini;-. liourver. a lull confidence in the validity 



and paramount force ot" her titles, and being duly impressed 
with the wisdom and impartiality of the American Gov- 
ernment, Costa Riea has been, and is prepared to submit 
the decision of all the pending questions, on either side, 
to the sole arbitration of the United States. 

This proposal has been eluded on the part of Nicaragua, 
who pretended to confine the arbitration to some of the 
disputed points only, and to take others for granted, in 
favor of that State, as not liable to be questioned. 

The representative of New Granada, in this country, 
has given a similar answer to the Representative of Costa 
Rica, when the latter invited him to appeal to the judg- 
ment of the United States, alleging that the claims of 
Costa Rica are groundless and the rights of New Granada 
indisputable. 

We shall not close these introductory observations 
without stating, that Costa Rica has been willing to facili- 
tate the enterprise of the Ship Canal by granting every 
thing in her power that the American Government has 
deemed advisable to demand for the accomplishment of 
that great object. 

Let these facts speak for themselves. 

And let it be borne in mind, that Costa Rica is particu- 
larly entitled to the sympathies of all civilized nations, 
as an industrious, peaceful, rising community, remarkable 
for the morality of her people and the liberality of her 
institutions, where perfect freedom of worship is actually 
established, and where settlers from any quarter of the 
world, are sure to meet with a hearty welcome. 



ERRATA. 
Page 8, liae 21, for '• as in fact it was then united" read, "in the ssuue condition 

she then was." 
•■ S " 35, for •* Venezuela" read "Veragua." 
'• 10 " 24, for " terminus" read *' termini." 
"10 " 35, for "terminate at the junction of the terminus," read, "meet the 

exn-eme end." 
•'10 " 40, for "side Cape Camaron" read "side of Cape Camaron." 
" 11 " 30, for "source read "mouth." 
" 15 " 13, for "Borica" read "Boruca." 
" 15 " 30, for "is" read "as." 

"20 " 22, for "to which the Vice Kojship of New Granada was intended to 
be transferred" read "which was intended to be trans- 
ferred to the Vice Royship of New Granada." 
" 22 " 26 for "were" read "are." 

" 38 •• 14 for "the territory" read "the territory extending." 
" 38 "■ 28 for "terminus" read "termini." 

" 38 " 38 for "terminate at the junction of tie terminus" read "meet the 
extreme end." 



INDEX. 

Preface, Page 3 

Costa Rica and New Granada, "7 

Ancient Titles of Costa Rica, '• 37 

Costa Rica and Nicaragua, - - - - - -''51 



COSTA RICA AND NEW GRANADA. 

AN INQUIRY INTO THE QUESTION OF BOUNDARIES. 

A Company having been formed in Paris and London, under the 
auspices of the Republic of Costa Rica, with the object of coloni- 
zing certain lands on the South Sea Coast, belonging to said Re- 
public ; to which company, there has likewise been granted the privi-» 
lege of opening a road from the Bay of Boca-Toro to the Port of 
Golfo Dolce, a lively discussion has arisen between the aforesaid 
company and Senor Montoya, Vice Consul of New Granada, in said 
city of London, relative to the sovereignty of BocaToro, which, the 
latter maintains, belongs to the nation he represents, and with regard 
to the dividing line, which is to separate the territories of the two 
countries. 

It appears that there does also exist, in London another associa- 
tion, called "Chiriqui Company," created under the sanction of 
the Provincial Deputation of Veragua, with a view of establishing an 
interoceanic communication, between Boca Toro and Chiriqui. The 
opposition of interests between the Costa Rica company and the 
company of Chiriqui, has naturally given rise to discussion on the 
part of the press, with reference to the respective rights or pre- 
tensions of the State, which each writer represents. 

Among the publications that have been brought to light, it is 
proper to mention a pamphlet of twenty-four pages, published with 
the approbation of the vice consul Montoya, which, in our opinionj^ 
contains all the arguments that can be adduced on the subject, in 
favor of New Granada. 

Having fully investigated these arguments, we now propose to 
elucidate the question with calmness and with judgment, in order ta 
vindicate the rights of Costa Rica, endeavoring indeed, not to imitate 
the style, in which the pamphlet alluded to, is written, which is so 
little decorous and unsuited to the subject. 

In performing this work, we will proceed with that candor and 



good l;uth which ou^[)t to pres'ail ni the examination of anv questioa 
that may aiise betwcon hrotheily nations, who acknowled^^e the same 
orii^iii, are bound by the same interests, and whom probably the same 
luture, for good or lor evil, awaits. 

In order to avoid contusions, we will begin by apprising the reader, 
that Costa Rica, under Spanish rule, was one of the provinces, which 
constituted the captain generalship, (Capitania General,) or let 
ns say-, Kingdom of Guatemala. The latter, after the indepen- 
dence, assumed the name ot Central American Confederacy, and then 
Costa Rica was converted into one of the States, composing said 
confederacy, which having been dissolved in a few years, Costa Rica 
again assumed the rank she now holds, of an entirely independent na- 
tion. Here we find one of the contestants: Costa Rica with its 
descent from Central America and Guatemala. 

New Granada during the colonial period, was designated by the 
title o\ vice Royally of Santa Fe, or new Kingdom of Granada, in 
u hirh had been includc-d the government of the district, called Tierra 
F'irma. or Audiencia of the Isthmus o( Panamia ; among the provin- 
ces of which was that oi Veragua, comprising the small territory of 
Chiriqui, Having broken the ties which bound her to the mother 
coniitrv, Mew Granada formed a union, as in fact it was then united 
with Veneztiehi and Quito (^Ecuador.) to constitute the great Re- 
public of Columbia. And as soon as the latter l:ad ceased to exist, 
dividing itself into as many n)embers as had contributed to its for- 
mation, IVew Granada resumed her former individuality, organizing 
hfrself Into a separate Republic, such as it exists at the present day. 

Here we meet the other contestant : IVew Granada with its des- 
cent from Columbia and the ancient vice-royalty of Santa Fe, or 
the districts more immediately connected with the question, Tierra 
Firme — Veragua — Chiriqui. 

Both States were shoots of the same trunk. Spain which dis- 
covered and colonized simultaneously the country at present occu- 
pied by each of them, 

The conterminous territories were always, and are now, Costa Rica 
and Venezuela, or the respective districts thereof, most adjacent, 
Talamanca and Chiriqui. 

This being established, it appears natural to inquire, in the first 
place, what were, according to the ordinances of Spain, the bounds- 



9 

ries assigned to her two dependencies, the Captain Generalship of 
Guatemala, (Costa Rica) on the one side and the vice royalty ol' 
New Granada, (Tierra Firme — Veragua) on the other ; it being ne- 
cessary to go back, in this examination, to a period anterior to tha 
year 1803, at which time, it is alleged, an order of the court altered 
the condition of the ancient Jurisdictions. 

In the second place, it will be well to consider, what value is to 
be attached to the aforesaid Royal order of 1803 — what interpreta- 
tion is to be given to it, and v/hat are the consequences that hav» 
resulted therefrom. 

We will next proceed to examine what was the condition of thd 
possessions and rights of each party, at the time when they achieved 
their emancipation from the mother country ; what effect was produ- 
ced by the treaty concluded between the late Republic of Colombia, 
of which JNew Granada was an integral part and the former con- 
federacy of Central America, of which Costa Rica was a member ; 
what is the course which has been pursued in this matter, and what 
is the present condition of things. For the better elucidation of the 
subject, and agreeably to the plan we have traced out, we willdivid* 
this inquiry into several chapters : 

CHAPTER I. 

What were the boundaries which seperated the Kingdom of Gua- 
tamala from the Vice Royalty of Santa Fe, or rather New Granada 
previously to the year 1803 ? In order to ascertain this point, it is 
evident that the sources where information must be sought, are, 

1st. The laws and decrees of the Spanish Government. 

2nd. The historical accounts of the discovery, conquest, and set- 
tlement of the frontier provinces. 

3rd. The works of historians generally, and 

4th. The geographical maps and charts. 

It is also clear that the relative value or authority of these differ- 
ent kinds of proof, must be estimated in the same order in which 
we have enumerated them, and that none of them can counterbalance, 
in point of force, the authentic decrees of the Supreme power of 
the nation, to which both colonies owe their simultaneous foun- 
dation. 



10 

It is a fact much to be lamented, that there is not to be found, 
either in the Recopilation of the Indies, or in any other place, a law 
prescribing definitely the line by which the jurisdiction of the Au- 
dience * of Tierra Firme, ought to have been separated from the 
jurisdiction of the Audience of Guatemala. 

In treating of each of said Audiences, the recopilated laws simply 
state, that the territorial jurisdiction of the one is limited by that of 
the other, on one of the four cardinal points of the horizon, therein 
mentioned. 

But fortunately, the titles granted to the first Governors of Costa 
Rica, designate with such precision, the limits of that province, 
which was the only one appertaining to the Audience of Guatemala, 
coterminous with Tierra Firme, that the deficiency in the laws 
above quoted, is completely remedied. 

In fact, the Spanish crown had scarcely began to organize the 
government of its numberless possessions on the American Conti- 
nent, when the government of New Cartago or Costa Rica, was 
established in favor of Diego Gutierrez, to whom a title was deliv- 
ered, dated at Madrid, the 29th of November, 1540, which reads 
as follows : 

*' In the first place I give you permission and power to conquer and 
" and to settle for us, and in our name, and that of the Royal Crown of 
•' Castille the land which remains to us in said province of Vera- 
''gua: to begin at the terminus of the twenty-five square leagues 
" which we have granted to Admiral Don Luis Colon, tovi^ards the 
" west, which said twenty-five leagues begin from the River Belen 
•' inclusive, extending in a parallel line as far as the Bay of Carabaro, and 
"what may be wanting to make up the complement of the twenty- 
•' five leagues aforesaid, will have to be measured higher up of said Bay 
"by parallel as aforesaid, and where said twenty-five leagues terminate, 

♦' there will commence other twenty-five by a meridian — — North 

" South; and a like number of leagues to commence from River Belen 
•' by said meridian of said North South and where said twenty-five 
" leagues terminate there will begin another twenty-five,which will have 
'' to be measured by parallel until they terminate at the junction of the ter- 
'' minus, of the above mentioned twenty-five leagues, which had to be 
" measured further up of the Bay of Carabaro ; so that, from the point 
" where the aforesaid twenty-five square leagues terminate, measured in 
" the manner above indicated, your work of conquest and settlement will 
•'commence ending at Rio Grande, towards the West, on the other side 
" Cape Carnaron,it being understood that the shores of said liver in the 

* Audiencia — Audience — A high court of justice— a colony or government 
subject to a high court . 



11 

" direction of Honduras remain within the jurisdiction of said province 
"of Honduras, and in the same manner, if there should be on said river 
"any islands inhabited or to be mhabited by Indians, and the same 
"should not have been conquered and peopled by Spaniards, you are at 
''liberty to conquer them; and provided that the navigation fisheries 
"and other advantages of said river be common to all; and in the 
*• same manner provided that you do not approach within fifteen leagues 
" of the lake of Nicaragua; inasmuch as these fifteen leagues with said 
•* lake, must remain and do remain within the jurisdiction of Nicaragua : 
" but the navigation and fisheries of what remains to you in said river, 
" and the aforesaid fifteen leagues and lake which remain within the juris- 
" diction of Nicaragua, must be common to all ; and we likewise give 
" you permission to take possession of and to people such Islands as are 
"to be found on the surface of said region of country on the northern sea, 
" provided that you do not penetrate beyond the borders or boundaries of 
•• the province of Nicaragua, nor into the other provinces that have been 
"committed to the care of other governors, nor any place that has been 
•'peopled or distributed by any other governor whatever." 

We also have on hand, the title granted to Don Luis Colon, 
grandson of the discoverer, conferring on him the Duchy of Vera- 
gua. It is dated January, the 19th, 1537 and the demarkation made 
therein of the lands granted, is word for word, in the same terms, as 
those used in the grant to Gutierrez. It will be seen that in draw- 
ing up the second, the previous one was kept in view. 

A few years later, in 1574, another title dated at Aranjuez, Feb- 
ruary the 18th, was issued by King Philip the second, appointing 
Don Diego de Artieda and Chirinos, Governor and Captain Gen- 
eral of the Province of Costa Rica, and assigning to him as the lim- 
its of his jurisdiction, from sea to sea in latitude or breadth ; and 
from the source of the Desaguadero, outlet, (river San Juan) which 
is on the side of Nicaragua, as far as the province of Veragua, in 
longitude or length, on the side of the Atlantic ; and from the con- 
fines of Nicaragua, in the direction of Nicoya, up to the valleys of 
Chiriqui, in longitude, on the south sea side." 

The boundaries thus laid down in the royal decrees of 540 and 
574, are very clear and positive, and leave nothing to desire. To 
the north, the position of the river Belen, which is the initial point, 
being ascertained, all that is wanting is to mark, on any map, a square 
oi 25 leagues, which was reserved for Admiral Colon. This done, 
any one may see, that the Bay of Boca Toro, with all its islands and 
coves, is outside of said of said square, and consequently, that it be- 
longed, by right, to the jurisdiction of the Governors of Costa Rica, 



13 

ID confonnity wiih the original tiile of that province ; even if th« 
grant made to Admiral Colon had been in force, which, as it is well 
known, was subsequently revoked. 

To the south, the liniits designated, were the valleys of Chiriqui, 
the situation of which, is also known ; so that, from the beginning, 
the jurisdiction of Costa Rica was perfectly defined in trusty and 
solemn documents, emanating from the sovereign, whose decrees, our 
antagonists ought to respect, unless they can produce other titles of 
a similar character. 

None such, have, up to this tifne, been brought to our knowledge. 
Neither in the archives of the motlier country, nor in the official acts 
of the Government of Colombia, or that of New Granada, which 
bear upon the subject, nor in the copious dissertations of the Gra- 
nadian press, no where have we been able to find the least trace of a 
royal decree, being either at variance with, or a modification of those 
already quoted, establishing in favor of Veragua, dividing lines, other 
than those which are laid down in said decrees. If such could be 
shown to us, we would receive it with due deference. 

The only one we have been able to discover, is a Royal Decree, 
dated January 21, 1556, granting permission to the city of Nata to 
establish settlements on the lands of Colon, re-annexed to the crown; 
a decree which proves two things : in the first place, that by that time, 
the title of the family of the Great Admiral to the ownership 
of said lands, had become extinct : secondly, that by the same 
fact, the limitation imposed upon the Governors of Costa Rica, 
not to extend their conquests to the lands alluded to, was no longer 
in force, and that the door was thrown open to them, in order that 
they might extend their jurisdiction as far as there were to be found 
vacant lands to settle, or Indians to subdue. We dwell upon this 
circumstance, in order to show that we have thoroughly examined 
into the matter, although we do not consider the investigation of this 
point necessary. It is sufficient for our purpose to demonstrate, that 
the boundaries assigned to Gutierrez and to Don Diego de Artieda, 
must be considered as still in force. 

Here we might likewise quote the famous Royal order of 1803, 
(its value to be inquired into hereafter,) as another important docu- 
ment in favor of Costa Rica. According to this order, it ought to 
be inferred that the jurisdiction of the Captain General of Guate- 



niala, extended, during his time, as far as ti)e Cliiigres river, as it 
Was probably the case. Nevertheless, in order to simplify the ques- 
tion, we will throw aside this hypothesis, and confine ourselves to the 
argument, that the landmarks originally assigned to the Province 
of Costa Rica, with reference to Veragua, were never altered, either 
in fact or by law, during the rule of Spain. 

They would have been so, in fict, ifthe conquests and settlements 
of the Governors of Panama or of Veragua, had been pushed beyond 
those boundaries, which never did occur. They would have been so in 
law, if a new line of demarkation had been ordered to be drawn by 
the mother country ; but of this there is not the slightest indication 
to be found either. 

Passing from the examination of the gubernatorial ads, which, in 
a case like this, must be looked upon as affording the most reliable 
data, to the investigation of the annals relating to the conquest 
and settlement of tlie frontier provinces of Veragua and Costa Rica, 
it ,will be observed at once, from the historical records of the latter, 
consisting in official documents, which are preserved in her own ar- 
chives, and in those of the Peninsula, that for the period of two cen- 
turies, the original jurisdictional arrangement remained unimpaired. 
Consequently the Governors of Costa Rica materially extended and 
exercised their authority to the utmost verge of the confines of Vera- 
I4ua, subduing the tribes of Talamanca and various others, that in- 
habited those localities, both on the continent, and in the islands of 
Boca Toro : and founding there sundry additional settlements ; by 
which achievements, they perfected the titles which had been con- 
ferred upon them by Royal letters patent, with the right of first oc- 
cupancy. 

There are proofs in existence, that as early as the year 1601, the 
Governors of Costa Rica, undertook, for the first time, the subju- 
gation of those savages, and laid the foundation of a city, which 
ihey called Coneepcion, on the banks of the river de la Estrella, one 
of those that empty themselves into the Bay of Caribaro, which, in 
latter times, has received the name of Lake Chiriqui. 

We see by a memorial sent to his Majesty in 1652, by Don Juan 
Fernandez de Salinas y de la Cerda, then Governor of Cosa Rica, 
that in that year, the question of conquering and pacifying Talamanca 
was again agitated, and in the course of the statement, a description 



14 

is given of the tenitory of Ci)s[a Rica, vvhicli says that "It consists 
of and runs from the confines of Nicaragua, on the north sea down 
lo the Esciido de Veragua, and on the south sea, from the district of 
INicdva down to the Flains of Chiriqui. 

It was not, however, until the year 1659, that Don Rodrigo Arias 
Maldonado, who had supersceded Sahnas, in the command of the 
Province, was enahled to carry out the projects of his predecessor. 
It appears that during that year, said Don Rodrigo embarked at 
Matina, explored all the coast as far as Boca del Drago and Boca 
del Toro ; visited the adjacent islands, took possession of the same, 
and subdued the Indians who inhabited them. During the follow- 
ing years he continued his work of conquest by land, and founded a 
great many settlements ; and, as a reward for these services, he had 
the title ol Marquis of Talamanca conferred upon him, which 
was the name of that district. The historian Juarros, in the chapter 
where he treats of the Province of Talamanca, alludes to the doings 
ol Maldonado, and gives a detailed account of the results of his con- 
quest ; but if the authority of that writer is not considered sufficient, 
we can produce other documentary evidence, which has been pre- 
served in the archives of Spain. 

Among other interesting documents which may be inspected in 
that quarter, there will also be lound an extensive report presented 
to the court in 1719, by Don Diego de la Haya, another Governor 
of Costa Rica, — giving an account of the condition of the Province; 
De la Haya devotes several paragraphs of comment upon the pacifi- 
cation of Talamanca, stating that the Indians of that name, occupied 
the territory comprised betw"een the Bay of Boca Toro and Golfo 
Dolce : that his predecessors in command, had conquered them, 
founding the city of Concepcion on the river de la Estrella, and other 
settlements, but that in the year 1709, the Indians had risen in re- 
bellion, abandoning the settlements and taking to the woods. De la 
Haya says " that in some places, the extent or breadth of Costa Rica, 
from sea to sea, did not exceed twenty leagues," which can only al- 
lude to the Isthmus between Boca Toro, and the Plains of Chiriqui. 
In another place he writes, " The Province of Talamanca is a con- 
tinuation of this (Costa Rica) to the eastward. In this part of the 
coast, are to be found the Bays of Boca Toro and Almirante." 
In the Judicial decrees having reference to the rising of the Tala- 



15 

manca and other tribes of Indians, whom Senor Don Lorenzo Anto- 
nio de Granday Valvin undertook, in 1710, to bring once more into 
subjection, and to chastise, it is repeatedly stated, that one of the 
rebellious tribes inhabited the Island of Tojar, and as there is no 
island to be found westward of the Great Bay of Boca Toro, it is 
inevitably inferred, that by island of Tojar, was meant some of those 
islands which are situated within the Bay or the Island of Escudo 
itself. Hence it follows, that if said island was occupied by a 
people under the jurisdiction of the government of Costa Rica, tha 
latter was in possession of at least a considerable portion of the 
Bay. 

Governor Grenda y Valvin, writing to the Captain General of 
Guatemala, from Bornca, under date of February 28, 1710, says 
among other things, what follows: 

'' I beg to inform you that I am writing to the President of Panama, 
"asking him to send a French vessel to the northward, to be stationed at 
" the mouth of the Island of Tojar, in order that I may be able to compel 
"the Indians thereto surrender, as well as those that inhabit Boca del 
" Toro, which vessel, should she arrive, the greatest service will thereby 
•'be rendered to God and to our beloved King, that has been performed 
" in the Indies up to this day, because there are three thousand Zambos 
" in the Island of Tojar, while on the coast comprised between the Bocas 
'*del Toro and Matina, there are ten thousand Indians, who belong to the 
"conquest of Talamanca." 

The foregoing paragraph puts an end to all doubt, as to the Island 
of Tojar being precisely the same as is now known under the name 
of the Island of Colon : seeing that it is described as forming one of 
the outlets (bocas) and is capable of supporting many people. 

The Missionary Fathers of Christ College at Guatemala, forward- 
ed to the King of Spain, in 1763, a minute narration of the condi- 
tion of the Missions of Talamanca, and other establishments of the 
same character under their charge, entering fully into the history of 
the former, from its commencement — that narrative goes on to state, 
"that the conquest of Talamanca embraced a territory of 120 leagues 
from East to West, and between 30 and 40 from North to South : 
that the tribes or nations that inhabited the same were seven, to 
wit: 

1st. The Talamaneas properly called, and their dependent tribes. 
of Cabecares and Viceytas. 2dly. The Terrabas of the North or 
Tiribies. 3dly. The Tojares of the islands. 4thly. The Chan- 



16 

quenes. 5thly. The Zequas. 6tbly. The Torrasques, and 7thly. 
The Guayamies." 

h states, that "the four tribes first mentioned are under the jurisdic- 
tion of the Audience of Guatemala, and the three last under the ju- 
risdiction of the Audience of Tierra Firme." Speaking of the island 
of Tojar, he says, "that it is very fertile and handsome, but that it 
was alrealy almost deserted (then in 1763) by the repeated invasions 
of the Zambos and Mosquitos, in conjunction with Englishmen, who 
carried off the inhabitants, in order to sell the men in Jamaica, and 
make use of the women." He states, " that in 1747, the Governor 
of Costa Rica made an entrance with troops for the purpose of re- 
ducing the Indians ; and another in 1749, which was the last. 

This is what is proved by the annals, as yet unpublished, of Costa 
Rica, and what is confirmed in a report addressed to the court on 
tne 15th of September, 1777, by Don Felix Francisco Bejarano, 
Governor of Chiriqui, in reference to the conquest of Talamanca. 
The Engineer, Don Luis Diez Navarro, who explored the coast of 
Guatemala in 1744, by superior order, with the object of providing 
for its defence, speaking of the "Province of Costa Rica and of the 
boundary of the Kingdom of Tierra Firme," says, that said boun- 
dary stands thus : on the North, the J$Ia7id of the Escudo, arid 
on the South, the river Burica." 

Let us see now what general historians say : 

The Chronicler, Herrera, in his famous decades, (edition of 1725,) 
in describing the Province of Costa Rica, observes, " that it is the 
*' easternmost of the Indies of the North, and of the Audience of Gua- 
" temala, and that it has a port and landing place on the coast of the 
"South Sea and of the North Sea, in which there are some rivers 
•* between Nicaragua and Veragua, common to this government : and 
•• the Bays of San Geronimo and of Caribaco (Bay of the Admiral) 
" near the boundaries of Veragua." 

Alcedo, in his historical and geographical dictionary of the New 
World, (Madrid edition of 1786) gives the following definitions: 

" Costa Rica, Province and Government of Guatemala in North- 
" ern America : it is bounded on the North and on the West, by that 
" of Nicaragua : on the South, by the Province of Veragua, in the 
«' Kingdom of Tierra Firme ; it is watered on the southwest and 



It 

" northwest by the Pacific, and on the northeast, by the Atlantic 

"Ocean." 

# # # # ## « # « # 

"It has ports on' both seas, and the magnificent bays called San 
' Geronimo and Caribaco, (Boca Toro) belong to it." 

" Chiriqui : This same name is given to a river of this province, 
" (he has just been speaking of the Province of Chiriqui,) the 
" source of which is among the mountains of the south, and which 
" empties itself into the Pacific, serving as the dividing line between 
" this province and that of Costa Rica, in the Kingdom of Guate- 
" mala." 

Don Domingo Juarros, in his history of the Kingdom of Guate- 
mala, also designates the small island called " Escudo de Veragua" 
and the river of Burica, as the boundaries between Costa Rica and 
the Kingdom of Tierra Firme." 

Juarros might be accused of partiality, in consequence of 
bis being a native of Guatemala, where he wrote his work : but 
what could possibly be alleged against the aforesaid Herrera and 
Alcedo, who prepared their interesting compilations in the Peninsula ; 
taking, no doubt, as their only guide, the documents to be found in 
the Consejo de Indias, and without having any motive for leaning in 
favor of either party ? 

The friends of New Granada have quoted in support of their pre- 
tensions, the writings of the celebrated traveller, Don Antonio de 
Ulloa, who, in his "American Notes" puts forth the following para- 
graph : 

" The city of Panama" he says, 'is not only the capital of the Pro" 
*' vince of that name, but also of all the Kingdom of Tierra Firme, 
•• which consists of the three Provinces of Panama, Darien and Vera- 
"gua. Th3 first is the seat of all the government offices, in consequence 
" of its being located between the other two, the Darien being to the east- 
" ward, and Veragua to the westward. The Kingdom of Tierra Firme 
"begins at the North, with the river Darien and extending through the 
"country, called Nombre de Dios,\Bocas del Toro and Bakia del Almi- 
*' rante, terminates at the West, with the river de Los Dorados in the 
" North Sea ; and by the South Sea, beginning westwardly, it extends 
" from Punta Gorda in Costa Rica, through La Punta de Moriatos and 
'^ Maria Puer cos as far as the Gulph of Darien, where it continues in a 
" southerly direction, following the coast, by Punta de Pinos and Maria 
" Quemada, as far as the Bay of Buena Ventura.'^ 



18 

The authority of Seflor UUoa, is certainly entitled to the greatest 
respect ; but we think that in the present instance, it cannot be placed 
upon the same level with that of the writers heretofore mentioned, Her- 
rera and Alcedo. The former wrote under the inspiration of one of 
the parties, reproducing such information as he was able to collect at 
Panama, where matters must naturally have been represented to him 
under the most favorable aspects, to the Kingdom of Tierra Firme, 
and never having visited either Costa Rica or Guatemala, he 
had no opportunity of rectifying the errors he had involuntarily com- 
mitted in his remarks. The other writers, (Herrera and Alcedo) 
composed their works under circumstances of absolute impartiahty, 
consulting the highest authorities, where all the datas in connection with 
the subject^ were necessarily concentrated, the same having been 
supplied by each of the colonial governments and provinces, and with- 
out being exposed to any particular influence. And it must be care- 
fully borne in mind, that although Alcedo wrote subsequently to 
Ulloa, he confirms what, many years before, had been printed by 
Herrera, in regard to the Bay of Carlbaro ("Boca Toro) belonging to 
Costa Rica, adding, that its territory to the South, extends as far as 
the Chiriqui river ; all of which is in direct contradiction with what 
Ulloa asserts. Let the impartial reader decide which of these two 
authors deserves mostly to be relied upon. 

With regard to maps and ancient geographical charts, we have ex- 
amined the following: 

1st. " ^lap of Mexico and of New Spain, by Sanson d' Abbe- 
ville, Paris, 1656," in which the di riding line between Costa Rica 
and Veragua is made to run from Concepcion, at the bottom o{ Boca 
Toro, as far as the Island of Maria, in the Pacific sea, leaving Boca 
del Drago to the territory of Costa Rica. 

2dly. "Charts of Mexico and of Florida, by de L'Isle, drawn up 
after a great number of Memoirs, by d'Yberville Le Sueur, 1703." 
In these the frontier line runs from Concepcion to Chiriqui. 

3dly. " A Map of the British Empire in America, with the set- 
tlements adjacent, by Henry Popple, published at Amsterdam, by 
by John Convents and Cornelius Mortier." In this the frontier line 
is made to run from Conception to Chiriqui. The three charts re. 
ferred to, place the Island del Escudo out of the pale of Costa Rica, 
but give to the latter one half of the Bay of Boca Toro. 



19 

We think we have presented sufficient data to convey an idea of 
what was the condition of the respective jurisdictions, previously to 
the year 1803, the only point, in our opinion, which requires to bo 
cleared up, because the question cannot be decided upon any other 
principle. 

CHAPTER IL 

What is the value to be attached to the Royal Order of San Lo- 
renzo, issued in 1803 ? 

This order copied literally, runs thus: 

*' San Lorenzo, November 20, 1803. — The Committee on the Forti- 
fications and Defences of the Indies, in their consultations of September 
2d and October 21st last, have delivered an opinion relative to the ad- 
vancement, settlement, and defence of the Islands of San Andres, their 
proposed separation, and that of the adjacent portion of the coast of Mos- 
quitos which extends from Cape Gracias a Dios inclusive, as far as the 
river Chagres, of that Captaincy Generalship, and its incorporation with 
the new Kingdom of Granada ; and the King having confirmed the opin- 
ion of the Committee, I send you, by order of His Majesty, (and likewise 
to the Viceroy of the aforesaid Kingdom) copies of said consultations, in 
order that the same may be understood and carried out, in regard to what 
concerns you — God preserve you for many years, — signed Soler — To 
the Captain General of Guatemala." 

"The history of this Royal order appears to be, (we copy the 
words of Mr. Chatfield, Charge d' Affaires of her Britanic Majesty in 
Central America, who, in 1847, was writing to his Government on 
the subject) that Captain Don Thomas O'Neill, Governor of San 
Andres, having had some difference with the Captain General of 
Guatemala, under whose orders he was, applied to the Court of 
Spain, asking that a higher rank and salary might be granted to him, 
and for the transfer of the Island of San Andres and the adjacent 
Coast to the Viceroyship of Santa Fe, alleging the very great dis- 
tance between his post and Guatemala, and the greater facility of 
communication with Cartagena, which was then a considerable naval 
station of Spain, and for obtaining assistance from that quarter, in 
case of necessity." 

"The suggestion was received and treated under a purely military 
aspect, and was accordingly referred to the committee on the forti- 
fication and defence of the Indies, whose opinion was pronounced in 
favor of Captain O'Neill's wishes. But there is nothing to prove, 
that the political and jurisdictional authority of the government of 



«0 

Guaieniala, over the places transferred to the Vrceroyshp of Santa F« 
were affected by that measure ; nor that it was ever communicated 
to the Supreme Council of the Indies, since no instructions were for- 
warded to the political section of the government of Guatemala, rep- 
resented by the President and Judges, and since it was only consid- 
ered, (as the opinion of the Committee on Fortification says) as a 
means of uniting, for the better defence of the King's possessions, as 
far as CapeGracius a Dios, the military command, under the con- 
trol of the Viceroyship of New Granada, whose great naval and 
military resources were concentrated in Cartagena, so that the Cap- 
tain Generalship of Guatemala might thereby remain more free to 
provide (or the safety of that portion of the Northern Coast, which 
he had more at hand. And thus it is, that the Viceroy of 
New Granada never* exercised any political authority in that ter- 
ritory, and that there is no trace of any establishment or local gov- 
ernment having existed at any period subject to his rule, on the 
coasts of Mosquito or Central America.'' — Thus far Mr. Chatfield. 

The measure m question was therefore of a temporary character, 
issued with a special and limited object, which could not and did not 
produce any effect whatever in regard to changing the ancient terri- 
torial demarkations. To do this, it would have been necessary to 
designate the breadth or latitude of the coast to which the Viceroyship 
of New Granada was intended to be transferred : to have divided 
the territorv ilius circumscribed, into new districts, and to have made 
arrangements for the interior government of the latter. The order 
alluded to contains none of these requisitions. It smiply provides for 
a change in the respective military jurisdictions of the Viceroy of 
Santa Fe and of the Captain General of Guatemala ; but it is evi- 
dent, that this measure did not affect the territorial proportions of the 
Provinces which compose the Kingdom of Guatemala. It is clear, 
that Costa Rica was not, in consequence of said order, deprived of 
the Province of Talamanca, and of all the coast appertaining to it, 
on the Atlantic ; nor did the order aforesaid deprive Nicaragua of 
Tologalpa. 

All those countries being alike dependencies of the King of Spain, 
there was positively no incorapatibiliiy whatever in their recognising for 
certain administrative purposes a centre of authority, whilst they were 
called upon to obey different head quarters in regard to other things. 



SI 

But tiiis is quite immaterial, as subsequent erents precluded tho 
possibility of efFectiially carrying out that order of San Lorenzo, of 
its ceasing to be a dead letter, and of its acquiring, by virtue of long 
use, a prescriptive character, such as would be necessary to produce 
the results insisted upon by the new Granadians. The populations 
which constituted the Viceroyship of Santa Fe, were among the first to 
rise against the authority of the mother country, which authority ceased 
almost entirely to exist in that colony by the year 1813; while the 
people of Guatemala continued faithful to the mother country up to 
the year 1821, and under such circumstances, the order of San 
Lorenzo was annulled, de facto ; while the supervision of the coast 
m question had to be reassumed by the Captaincy Generalship of 
Guatemala. 

All these circumstances being considered, therefore, we cannot 
look upon the order of San Lorenzo, except in the light of an inef- 
fectual, unaccomplished measure, inapplicable to the case in point, 
and quite superfluous for the purpose of determining the unsettled 
boundaries. 

After the delivery of the order aforesaid, all things remained as 
they were before : The Mosquito Indians and Zambos continued to 
inhabit the coasts of Gracias a Dios, in independent families; the 
Government of Guatemala continued to exercise the jurisdiction ap- 
pertaining to it in the ports of San Juan de Nicaragua and Ma- 
lina. The Bay of Boca Toro continued in a state of abandonment, 
being made the haunt of outlaws and adventurers from every quar- 
ter — Indians, smugglers, and pirates. 

CHAPTER III. 

What was the condition of Guatemala and New Granada at the 
time of their emancipation from the mother country, with regard to 
territorial jurisdiction ? The Republic of Colombia, created by the 
great Bolivar, by means of a union of the Viceroyship of New Gran- 
ada, the Captain Generalship of Venezuela and the Presidency of Quito 
evinced, from the beginning, an inclination to appropriate to itself a 
great portion of the territory of Guatemala, basing its pretensions upon 
the decree of 1803. It does not appear, however, that said Republic 
of Colombia did, at any time, proceed seriously to ocupy said territory, 
by forming settlements, founding establishments, or by placing garri- 



fons, or its own functionaries In the same. On the contrary, the cod- 
tederacy of Central America invariably extended its legislation over 
it, and maintained uninterrupted possession of San Juan and Matina. 

The acts which are alleged as acts of possession, on the part of 
Colombia, consist, not in deeds, but in words; in simple declarations 
of her pretended rights, made in various decrees. For instance ; on 
the 19th of April, and 22 of November, 1S22, the government of 
Colombia declared : that the coast of Mosquito was open to indirect 
trade; and on the 5th of July, 1S24, the same government pro- 
claimed, in noticing the projects of colonization in the district of 
Poyais, on the part of the adventurer McGregor, that it would not 
tolerate the establishment of such colonies, threatening those who 
should attempt to do so with severe penalties, and ordering posses- 
sion to be taken of the Island of San Andres. These measures, how- 
ever, were never carried into effect in the countries to which allu- 
sion is made, no more than the bulls and mandates of the Pope's are 
among infidels. On the Coast of Mosquito, commerce continued to 
be carried on with entire freedom, as it was usual before, without 
any one caring for the powei"s which the government of Bogata ar- 
rogated to itself, in order to restrain the same. The undertaking of 
Mr. McGregor followed its course, during several years, until it finally 
broke through, on account of its intrinsic impracticability, and not in 
consequence of the opposition it met with from the Colombian gov- 
ernment. With regard to the Island of San Andres, it does appear, 
that said government sent a vessel of war to hoist its flag there, and 
to dislodge the adventurers who had possession of that Island, al- 
though, we think, that subsequently, it was again abandoned. 

We must repeat it, the pretended possession, on the part of Col- 
ombia, was merely written on paper. The respective territorial ju- 
risdictions of Colombia, or rather of New Granada, Tierra Firrae, or 
Veragua, on one side, and of Guatemala, or say. Central America 
or Costa Rica, on the other side, were, at the time that those coun- 
tries achieved their independence, on the same footing as they had 
been during three centuries, without any more difference than that 
of Colombia having stirred up a controversy, which should never 
have been raised. 

At that period, thanks to the genius of Bolivar, and the struggles 
consequent on a protracted conflict, Colombia ranked as a formidable 



power among the new Spanish American States : she kept up a 
powerful army and a respectable naval force ; she had a well filled 
treasury to rely upon, supplied by numerous loans raised in London } 
her political organization was complete ; her diplomatic relations with 
some of the great powers, were well established ; while Central America 
without any ofthesemany advantages, after passing some years amid the 
confusion of the Mexican Empire, and a mitigated anarchy, was hardly 
beginning to arrange her form of government, under a system, the dif- 
ficulties of which, caused all external matters to be neglected. 

Hence it is that the Colombian government did not hesitate in re- 
vealing its designs, with regard to a territory, which had unquestiona- 
bly belonged, and did of right belong to a brotherly people, doing 
all it could, in order that such pretensions might acquire credit every 
where. But although Central America could not combat those pre- 
tensions with the energy that was required ; although she allowed 
the assertions of Colombia to pass unnoticed, for want of agents abroad 
to contradict them, or with a view not to provoke useless discussions, 
it cannot be pretended that sjie ever did relinquish her rights, either 
directly or indirectly. 

Let us be allowed to state, that the National Constituent Assembly of 
Central America, in decreeing the Constitution of the Republic, on the 
22d of November 1824, declared in the 5th article, " that the Repub- 
lic embraced all the territory which formerly constituted the kingdom' 
of Guatemala." Agreeably with this declaration, the State of Costa 
Rica, as one of those which united in forming the Central American 
Confederacy, also declared in her own private constitution, proclaimed 
on the 21st of January 1825, "that the territory cf the state ex- 
tended as far as theEscudoof Veragua, in the Atlantic, and the river 
Chiriqui, in the Pacific," embracing all the coast included between 
the mouth of the river San Juan and the aforesaid Island of Escudo. 
Such was the condition of things, up to the day, when the treaty of 
1825, between Colombia and Central America was concluded ; that 
is to say, that of an open question that had f.o be discussed at same 
future day. Let us see, now, whether said treaty had altered this 
state of thiaas. 



S4 



CHAPTER IV. 



What is the spirit of the treaty between Colombia and Central 
America, and the consequences resulting from it? Looking at that 
important document, which bears for its title, " a Convention of 
Union and Perpetual Confederacy between the united Provinces of 
Central America and the Republic of Colombia," and which was 
signed at Bogota, on the 1 5th of March, 1825, by Doctor Don Pedro 
Molina* as Envoy Extraordinary of Central America, and by Don 
Pedra Gual, as Minister of Relations and Plenipotentiary ad hoc of 
the Colombian Government, we find in the 5th article, the following 
provisions. " The two contracting parties mutually guaranty to each 
other, the integrity of their respective territories, against any attempts 
on the part of the vassals of the King of Spain and their adherents, 
upon the same footing as those territories stood previously to the 
present war of Independence." But the Federal Congress of Cen- 
tral America, when taking said article into consideration, approved the 
same, with the condition that the word iiaiurally, should be interca- 
lated, the article being made to read thus: 

" The two contracting parties mutually guaranty to each other 
the integrity of their respective territories, on the same,^footing as 
those territories naturally stood, previously to the present war of In- 
dependence against the attempts and incursions of the vassals of 
the King of Spain and their adherents." 

Tiiis alteration made, tlie ratifications were exchanged at Guate 
mala, on the 17th of June, 18:26, with General Don Antonia Morales, 
Envoy Extraordinary and Minister Plenipotentiary of Colombia, near 
the government ol Central America. That is to say, the conventinn 
was not exchanged until fifteen months after it had been concluded, 
and alter mature consideration on both sides. 

By means of the alteration that has been mentioned, it is made 
evident, beyond all doubt, that the question relative to the validity of 
the order of 1803, was settled in favor of Central America, since the 
meaning of the adverb which was inserted cannot be mistaken. 
"Whoever examines the subject attentively, will see, that the bounda- 
ries marked out by nature for Central America, are an extent of 



♦ Father to the author of this memoir. 



25 

coast on the Atlantic, corresponding with the territory it occupies in 
the interior, and the coast which belongs to it, on the Pacific. Thos« 
boundaries would certainly not be in a natural state, if all ihe coast 
intervening between the Cape of Gracias a Dlos and the Escudo of 
Veragua, were to be cut off frotji that country, leaving Nicaragua and 
Costa Rica without any access to the North Sea. 

In another article, the 7lh, it was stipulated, " that the United 
Provinces of Central America and the Republic of Colombia, formally 
engaged and bound themselves, to respect their relative boundaries at 
they were then : reserving to themselves to draw up, in a friendly 
manner, by me?ns of a special convention, the line of demarcation 
dividing the two states, as soon as circumstances would permit, or 
the moment that one of the parties should make known to the other, 
its readiness to enter into negotiations." 

We have already seen what the boundaries were then ; but if more 
proof is wanting, we will invoke an unimpeachable authority, that of 
Mr. O'Leary, Charge d'Affaires of His British Majesty, at Bogota, 
who, in writing to his government, in relation to the titles of the 
Mosquito King, and strenuously upholding the pretensions of New 
Granada, in which country he has passed the greatest portion of his 
life, both in the service of the same, and as a representative of Great 
Britain, could not, nevertheless, avoid making the open acknowledg- 
ment, " that said Republic (New Granada) has no right whatever 
to the coast included between lake Chiriqui, in the neighborhood 
of which, (Boca Toro) she had founded an establishment, and the 
river of San Juan." 

It is proper to remark, that the establishment alluded to by Mr. 
O'Leary, was formed by New Granada, after the dissolution of Col- 
ombia, subsequently to the year 1836 ; and it was, no doubt, in con- 
sequence of the very recent date of that establishment, and of its not 
presenting appearances of stability, that Mr. O'Leary could not look 
upon it, as an act, capable of coaferring rights of possession, and with 
this view of the case, de decides, " that the Republic ol New Grana- 
da has no possessory right whatever to the coast included between 
lake Chiriqui and the river San Juan" — and if New Granada 
had not acquired such right of possession up to 1847, the period at 
which O'Leary wrote, how much less cause is therefor maintaining, 



26 

that Colombia did hold such possession as early as the year 1825 
and 1826 ? (*) The more one ponders upon the meaning of the two 
articles of the treaty, we have just mentioned, the more profound 
becomes the conviction, that Colombia pledged herself to abandon her 
pretensions in virtue of said articles — By one, she guarantees to 
Central America her natural boundaries — by the other, she promises 
to respect them, as they did then exist. 

It is certain, that the definite drawing of a dividing line, was reserved 
for some future period, because the necessity of this operation was 
always present ; inasmuch as the points which were to constitute the 
frontier, had not been expressly specified, and that, for the designation 
of said frontier, different lines, at a greater or closer distance, might 
be adopted. 

Nevertheless, the bases were fiixed ; it being agreed upon to re- 
cognize the natural boundaries, the boundaries, such as they did 
then exist, which, in the present case, was tantamount to the recog- 
nition of the principle ofutiposidetis, which has been generally main- 
lained by all the Spanish American States. 

The other articles of the Treaty corroborate the idea, that this ad- 
raits of no other interpretation. In the 8th article the contracting 
parties stipulate ; " that in order to facilitate the progress and happy 
issue of the negotiation concerning the boundaries, each of them was at 
liberty to appoint commissioners, to explore the points and places on 
the frontier, and draw up charts," he. By the 9th article they pledge 
themselves to prevent unauthorized adventurers from colonizing in 
that part of the coast, from cape Gracias a Dios inclusive, as far as 
the river Chagres, without leave having been previously obtained 
by the contractors from the government, to which the control and 
ownership of said coast belongs. 

This article requires, that we should pause, in order to analyze it 
carefully ; abstractedly considered, it admits of three interpretations • 

1st. That by the word government, it is intended either of the 
two governments, and that the latter acknowledged each other, as 
owners of all the coast mentioned, although they had not yet agreed, 
as to the point which was to separate their respective sovereignties: 
This is the only rational interpretation, and that which agrees with 
the stipulations contained in the 5th and 7lh articles. 

* At this very day, there is not a Granadian living there except a subordinate 
officer. All the inhabitants are foreignerg. 



21. 

2:nd. That by the word government, it was intended to say, the 
government of Central America only ; thereby recoonizing its sov- 
ereignty over the entire coast above mentioned. This interpretation 
would be erroneous, because, that Republic never pretended to ex- 
tend as far as Chagres. 

3rd. That the word government must be interpreted as meaning 
the government of Colombia only, thereby recognizing its sovereignty 
over the entire coast above mentioned. This interpretation would 
be false likewise, because it is in conflict with the declarations made 
in the 5th and 7th articles, and because Central America never re- 
linquished her rights over that portion of said coast which belongs to 
her. It is not to be presumed, that Central x\merica could have in- 
tended to contract an obligation purely burdensome to herself, by en- 
gaging to defend with her maritime and land forces, the coast above 
described, the greatest portion of which was, in the opinion of said 
Republic, taken away from it; and this would have been the case, 
if by the 9th article it was to be understood, that fi7/the coast afore- 
said, belonged exclusively to Colombia. All the antecedents con- 
nected with this subject are opposed to such an interpretation. Sup- 
posing the government of Central America to have been capable of 
such a weakness, it would likewise, have made no objection to let the 
abandonment of its claims be expressed in definite terms, and, cer- 
tainly, the Representatives of Colombia would not have allowed the 
opportunity to escape. But the circumspection and acuteness evinced 
in the proceedings at Guatemala, at the time when the Treaty was 
ratified, by exacting explanations, clearly shows that in that quarter 
there was not the least carelessness in the management of the suject. 
The fact is, that the two contracting states, taking into consideration 
that the portion of the coast above mentioned, comprised between 
Cape Gracias a Dios and the river Chagres, belonged to them, and 
not being able to fix, at once, the point where the jurisdiction of Co- 
lombia ought to end, and that of Central America commence, they 
found it mutually agreeable to enter into a reciprocal engagement 
to drive away all unauthorized adventurers. Now, whether the di- 
viding line were to be laid in the river Culebras, or in the Es- 
cudo, from either point down to Chagres, a portion of the coast 
would, under all circumstances, fall to the share of Colombia. The 
co^t, however, being left undivided as belonging to the two powers* 



28 

it was an act of reciprocity to undertake the joint defence of the same. 
Central America did not impair her condition by accepting the article. 
But, from the moment that Colombia implicitly recognized, by means 
of the treaty, the rights of Central America over said coast, as far as 
any given point to the South of Cape Gracias a Dios, the preten- 
sions the former had founded on the order of 1 803, fell entirely to 
the ground. 

It might be argued, that even though Central America had been 
considered as entirely excluded from the coast in question, that country 
would, nevertheless, have felt an interest in preventing foreigners from 
colonizing there, and that, consequently, there would be no absurdity 
involved if the third construction were given to the article. This 
argument would not be without force, if the preceding articles could 
be struck out of the Treaty, and if the correspondence which sub- 
sequently took place between the two governments, as we will pres- 
ently see, did not entirely destroy the hypothesis. Finally, by the 
15tl), 16th, and 17th articles of the Treaty, the contracting parties 
agreed, that in order to draw closer the ties which connected them, 
and to smooth away any difficulty which might, in any manner, occur 
to disturb their good understanding, there should be organized an 
assembly, composed of the plenipotentiaries representing each party, 
and that the other States of Spanish America should be invited to 
attend in the same regular form ; and that said assembly should act 
as arbitrator in their disputes and differences. From all this it is to 
be inferred, that the intention of the parties, was to submit to arbi- 
tration the questions which they foresaw might arise with regard to 
the settlement of their boundary line. 

As soon as the Treaty had been signed at Bogota, the government 
of Colombia accredited, as we have already seen, General Don An- 
tonio Morales, as Envoy Extraordinary and Minister Plenipotentiary 
near the Government of Central America, in order that he mi£ht 
manage the matter of ratification in Guatemala, and promote the ne- 
gotiation relative to the boundaries. Mr. Morales, if we are not mis- 
taken, remained there fully three years, occupied with the duties of 
his mission. We are credibly informed, that he took the initiative, in 
regard to a convention on boundaries, and that during the conferences 
held on the subject, he still tried to enforce the order of 1803, notwith- 
standing the very clear meaning of the Treaty of Alliance, in order 



to maKe the territory of Colombia run as far as the river San Juan. 
Of course nothing was agreed upon, although the Government of 
Central America seemed inclined, on its own part, to make some 
sacrifices for the preservation of good harmony, but without ever ad- 
mitting the validity of said order. From that period, the incessant 
troubles in which Central America was involved, and the dissolution 
of Colombia, have prevented the subject from being again brought 
under consideration. 

In short, judging of the matter impartially, we do not believe that 
any one can resist the conviction, that the Treaty of 18^25 decided 
the question in favor of Central America ; but should this conclusion 
be resisted, by giving the treaty an interpretation contrary to its true 
meaning, the result would be to place the question precisely where it 
was previously to the treaty. 

CHAPTER V. 

What is the state of things now? 

The Republic of New Granada, one of the three sections into 
which the old Republic of Colombia had been subdivided, began 
from the year 1833 to follow in the footsteps of the latter, in regard 
to the coast of Mosquitos. Her first decree on the subject, issued 
on the 14th of January of that year, merely forbids foreigners from 
carrying on a direct trade with the savages of Goajira, Darien, and 
Mosquitos, without special authority] providing for the stationing of 
Revenue cutters from Chichibacoa to the Cape Gracias a Dios. 
The value of these orders will be understood, by bearing in mind, that 
the authority of New Granada was never established, either on the 
coast of Mosquitos nor on that of Goajira. The Mosquitos have a 
kind of independent government under the protection of Great Bri- 
tain, and the remainder of the coast has been under the jurisdiction 
of Nicaragua and Costa Rica. The natives of Goajira live likewise 
in a state of complete independence, and the territory they occupy, 
is claimed by Venezuela as her own property. 

We have at last reached a period when New Granada no longer 
confined herself to words, but actually made preparations to carry 
out, in reality, the old project of occupying the coast in dispute. 
This she effected, by issuing the decree of May 30, 1836, ordering 



30 

the foundation of a settlement, to be considered as a port of entrjr, 
with its garrison and civil government at Boca Toro: a decree which 
was not carried into effect until some lime afterwards. The posses- 
sion of Boca Toro by New Granada dates precisely from this time, 
nor did she ever liold it before, since the New World was discov- 
ered. 

It is to be presumed, that this proceeding on the part of New 
Granada, is what induced the Federal Government of Central 
America to think of occupying likewise, in some manner, Boca 
Toro, in its turn, by authorizing Colonel Galindo, to establish an Irish 
colony there ; but as Central America was then on the eve of her 
dissolution, the enterprise of Galindo did not receive due encourage- 
ment, and the few colonists he brought there were dispersed in con- 
sequence of the threats of the New Granadians. 

In connection wiih the incident referred to, two notes passed be- 
tween the Governor of the Province of Veraguas and the then Chief of 
Costa Rica. It will be seen that the latter, in his reply, maintained 
with dignity, the rights of his country. 

In 1840, the Central American Confederacy became extinct, and 
Costa Rica began to govern herself as a nation entirely independent. 
The following year, a revolution of the Provinces broke out in New 
Granada, with a tendency to Federalism. The Isthmus of Panama 
proclaimed its independence, and the provisional government which 
was organized there, sought to establish relations with Costa Rica, 
by sending a commissioner to her : the mission of the latter, how- 
ever does not appear to have, been productive of any results. The 
pronunciamento of the Isthmus was very soon put down. 

Since that time, nothing particular has occured in the official com- 
munications of the two countries, and the question is still held in 
abeyance. 

In 1833, the English Government evinced a determination to put in 
force its ancient alliance with the Mosquito tribes, by proclaiming 
itself Protector of the latter, for the purpose of securing to ihem a 
political existence, and of putting them in peaceful possession of all 
thecoastcomprisedbetweea the river of San Roman and Cabo de Gra- 
cias, and from these as far as Kuig Buppan, near the Island of £s- 
cudo. With this object, the English Government aforesaid, notified 
the various Governments of Central America, as also that of New 



si 

Granada, of the fact. This proceeding was very natural, since the 
latter had exhibited pretensions to the sovereignty of said territory^ 
and this circunnstance was sufficient for the British Government to 
look upon her as one of the parties concerned. The New Grana- 
dian Government availed itself of this opportunity, to revive and en- 
force its pretensions to the whole coast, maintaining its views with 
ability and earnestness, through the medium of the Minister it had 
at the Court of London, where there was no agent, either from 
Honduras, Nicaragua, or Costa Rica, to raise a voice in their behalf^ 
and come forward to defend their rights. — 

It must not be wondered therefore, that the British Cabinet, through 
that courtesy which is peculiar to the age, should patiently have lis-' 
tened to the representations of New Granada, and given her, at limes, 
flattering answers. 

It is, nevertheless, a factj that in 1841, H. B. M's Corvette 
*' Tweed," commanded by Captain Douglas, appeared at the Bocas 
del Toro, having on board the Superintendent of Belize, Macdonald,.. 
with his Secretary, Patrick Walker, afterwards Consul General of 
Great Britain, on the Mosquito coast, and the King of said Mosquito, 
Robert Charles Frederick, who was landed there with all the honojf& 
due to the Sovereign of the country. 

On the following day, the Superintendent, Macdonald, informed the 
New Granadian functionaries, that the object of his visit was, to re- 
connoitre the dominions of the King of Mosquitos, and to determine 
the true boundaries of the same, but that he should give no written 
explanation, as that would be to admit the sovereignty of New 
Granada over said territory, of which she had illegally taken posses- 
sion. 

Several days subsequently, the English and other foreigners resid- 
ing in the Island of Boca Toro, assembled and swore allegiance to 
the King of Mosquito. This proves that the authority of New 
Granada in those localities, was not firmly established, and that her 
occupancy of the same, of very late date, has been very precarious, 
or properly speaking, merely nominal. 

In 1847, the British Government prepared to carry cut its deter- 
mination in regard to the Mosquito coast, but it did not think it ne- 
cessary to extend the immediate occupation of the coast beyond the 
Southern Branch of the river San Juan, confining itself to putting 

£ 



the King ol Mosquito in peacel'ul possession ol all ihe lerrifor? nh'idt 
lays between the river San Roman and the tnouth of the Colorado 
and deferrinsj for another occasion, the vindication of the right? of 
said King to tlnu other portion of the coast which lays between the 
Colorado and Kings Buppan, which is precisely the coast of Costa 
Kira. with a trifling difference. 

Many considerations might have influenced the British Ministry to 
act in this manner. The important feature o^ the alt'air consisted in 
the occupation of San Juan, in consequence of its being the key of in- 
leroceanic communication. 

Leaving aside the political point of the question, it is an incon- 
irovertible fact, that the Mosquitos have made their home along the 
coast situated north of San Juan, while they never had any footing on 
the coast which runs in a southerly direction; although, from time to 
lime, they have committed depredations, and effected landings in the 
ports of Costa Rica, leagued with pirates, corsairs, and smugglers. 
These historical facts could not have been concealed from H. B. M's 
government. The good understanding which has existed for many 
years back between the government aforesaid and the State, now Re- 
public of Costa Rica, n"»ay likewise have influenced the former to with- 
hold the accomplishment of an act, which would have been injuriouSf 
in the highest degree, to that Republic. 

Finally, the desire to avoid controversies with the j\ew Granadian 
Government, could not but have had some weight in regulating the 
action in the premises, although a motive of secondary considera- 
lioa. 

The result is, as every one knows, that the occupation was limited 
to the Port of San Juan ; which took place on the Isl of January, 
1848 ; it being understood, however, that this should not prejudice 
any right which the King of Mosquitos might have to any of the 
territories situated south of San Juan. 

Mr. Mosquera, Minister of New Granada in England, thought it 
his duty to protest against these operations, in a note addressed to 
Lord Palmerston, dated London, April 19th, 1S4S. Lord Palraer- 
slon replied to him concisely on the 4ih of May of the same year, 
denying that New Grenada bad, or could allege any right to any por- 
tion of the unoccupied territories, on the strength of any title in- 
herited from Spain, and insisting, that the Mosquito territory ought, 



by jusl righl, extend as far as King's Buppan. Nevertheless, as ii cost 
him nothing to pay a kind compliment lo Mr. Mosquera, and he could 
do so conveniently, he concluded with these words, ** Her Majesty's 
Government, however, has recommended to the Mosquito Govern- 
ment, to limit its demands on the south side, to the Eastern hranch 
of the river San Juan: and o?ie main reason which has induced H. 
M's Government to make this recommendation was, that by this 
means, all dispute between Mosquitos and New Granada would, as 
it is to be hoped, be avoided." 

By this paragraph, written with admirable precision, it is clearly 
seen, that if a sentiment of consideration towards New Granada was 
one main reason which governed the conduct of Lord Palmerston, 
this did not exclude the existence of other powerful reasons, and, 
without vanity, we must presume, that similar sentiments of considera- 
tion towards Costa Rica, must have had some influence in the mat- 
ter. 

Although the latter State had no representative in London to ad- 
vocate her cause, Mr. Chatfield, then Consul General, and, at a later 
period, Charge d'AfFaires of H. B. M. in Central America, had 
shown in his communications to his government, the superiority of 
the titles of Central America compared with the titles of New 
Granada, and the greater facility which England would find in set- 
tling any question with the Governments of Central America, es- 
pecially with that of Costa Rica. 

It appears then, a very ridiculous idea, to make a boast of the dec- 
laration of Lord Palmerston, as of a conclusive argument in favor of 
New Granada — even though that Minister had positively recognized 
the pretensions of New Granada, his action could have no effect in 
invalidating the rights of a third party, that had not concurred in the 
negotiation. 

The course pursued, first by Colombia, and subsequently by New 
Granada, in this matter, has been calculated to produce the belief, 
that in their aspirations, they were actuated by a desire to prevent the 
contemplated enterprise of a ship canal over the territory of Nicara- 
gua and Costa Rica from being carried out, without the intervention 
and consent of those Republics, (Colombia or New Granada) there- 
by concentrating within their hands, all the routes of interoceanic 
-commmiication, such as those of Atrato, Panama, and Nicaragua, or 



34 

preventing, at least, ihe last mentioned route from being opened, in 
order to secure the monopoly of trade to the other two routes, vvhicli 
pass through New Granada's own, undisputed territory. 

However, the recent acts of the New Granadian Government have 
led us to believe, that if such a design was ever entertained, it has 
since been abandoned. Whether it be owing to the change of circum- 
stances, or to the effects of a more enlightened policy, we are grati- 
fied to see, that the Granadian Government has, in these latter days, 
modified its views upon the subject. 

Tlie refusal on the part of the Government of the United States, 
to accede to the request which had been made, that it would, in its 
treaties with New Granada, recognize the rights which that Repub- 
lic maintained in regard to the Central American coast, must have 
contributed greatly to this favorable change. The course of the dis- 
cussions and negotiations, to which the events that have taken place in 
Mosquitos, have given rise, and in which, both the Anglo-American and 
the British Governments seem to have agreed not to consider any one 
as parties mterested, except the Central American States, must like- 
wise have convinced the New Granadian Government of the neces- 
sity for abandoning a position which is untenable. 

Hence it is,^ that in the Message of President Lopez to the Cham- 
bers of 1851, we find the express declaration, that the opposition of- 
fered by New Granada to the operations of Great Britain, on the 
Mosquito coast, had never had for its object, the appropriation of that 
territory, by New Granada, on her own account, but to defend and 
preserve the same for the benefit of the sister republics of Central 
America. 

Such expressions, undoubtedly, do honor to the present New Gra- 
nadian administration. We believe that they have been uttered in 
a spirit of sincerity, and we accept them with feelings of gratitude. 

We must be allowed to remark, however, that in our opinion, the 
intermeddling of that government with the Mosquito question, so far 
from being favorable to the interests of Honduras, Nicaragua, and 
Costa Rica, has only served to weaken the cause of those States, 
by complicating the matter, and throwing their rights into confu- 
sion. 

On the other side, until the New Granadian Government shall 
have entirely repudiated the order of 1803, abandoning the idea of 



JD 



obtaining, by means of said order, advantages, to ihe injury oC its 
neighbor, the small State of Costa Rica, we cannot place entire con- 
fidence in the generosity and rectitude of its fraternal sentiments. It 
is indispensable, before every thing else, that it shall agree to have 
jhe order aforesaid, declared as null, and to have the boundaries be- 
tween Costa Rica and Veragua, regulated after the ancient titles of 
said countries, by consenting to discuss the matter amicably, and by 
submitting, eventually, to arbitration. 

In the nieanwhile, it is obvious, that if New Granada was the first 
to fail in the observance of the stipulations of the Treaty of 1825, 
by violating the statu quo which existed in that year, and by pro- 
ceeding to form establishments and to hoist her flag in Boca Toro, as 
she did in 1836, without giving any previous notice or intimation to 
the Federal Central American Government, nor to that of Costa 
Rica, she cannot find fault with Costa Rica, because this Republic, 
in 1850, determined to vindicate her rights to said Bay, by granting 
to a French citizen who has transferred his privileges to a Costa 
Rican Company, established in Paris and London, permission to con- 
struct a port at Boca Toro, and to open a way of communication 
from there to Golfo Dolce, in the Pacific* 

We will conclude this narrative, by observing, that our efTort 
throughout, has been to furnish the public all the necessary informa- 
tion, in order that a correct opinion may be formed in regard to the 
question at issue. We have performed the task faithfully and dispas- 
sionately, and we ask for nothing else, but that the opinion of the en- 
lightened nations of the earth, may do justice to those that are in the 
right. 

Although the oreatness of a nation does not consist in the extent 
of her dominions, but in the number, intelligence, and industry of her 
citizens, yet it would not be just for a small state like that of Costa Rica, 
reduced to a sufficiently narrow compass of boundaries, tamely to re- 
nounce an important portion of her territory, which is, moreover, abso- 
lutely necessary for developing the resources of the remainder. The 



* With reference to the controversy started by the Chiriqui Company and by 
Vice Consul Motoya, our worthy Consul General and Charge d' Affaires in London, 
Mr. Edward Wallerstein, is especially entitled to notice, for the zeal be has dis- 
played in maintaining the rights of Costa Rica. 



36 

Government of that Republic, however, will always be ready to 
listen to any observations that may be offered to it, and to enter into 
any reasonable arrangement. 

We flatter ourselves with a hope, therefore, that the present ques- 
tion will not alter the good understanding which ought to subsist be- 
tween sister nations, like those of New Granada and Costa Rica ; 
and that said question will be treated in a manner, as not to verify 
the opinion which is being propagated, that the Spanish race does not 
possess the necessary capacity to manage its own affairs. 

It will not be irrelevant, to state in this place, that the indepen- 
dence of Costa Rica has been recognized by Spain, in the Treaty of 
Peace and Friendship which was signed in Madrid, on the 1 0th of 
May, 1850, the ratifications of which, were exchanged in the sanie 
capital, on the 2lst of December of the same year The two first 
articles of said Treaty, read as follows: 

Art. I. Her Catholic Majesty, making use of the power invested 
in her, by a decree of the General Cortes of the Kingdom, dated 
December 4th, 1836, renounces forever, in the most formal and sol- 
emn manner, for herself and her successors, the sovereignty, rights 
and interests belonging to her, over the American territory, situated 
between the A.tlantic and Pacific sea, with the islands adjacent, pre- 
viously known by the appellation of Province of Costa Rica, now a 
Republic of the same name, and over such other territories as may 
have become incorporated with said Republic. 

Art. 2. Consequently, Her Catholic Majesty recognizes the Re- 
public of Costa Rica, with all the territories that actually constitute, 
or may hereafter constitute the same, as a free, sovereign, and inde- 
pendent nation. 



(TRANSLATION,; 

ANCIENT TITLES OF COSTA RICA 



TITLE DELIVERED IN 1840 TO DIEGO GUTIERREZ. 

TOWN FOUNDED ON THE BAY OF SAN GERONIMO IN 1560, 

BY JUAN DE ESTRADA RATAGO AND THE LICENTIATE 

CAVALLON. 



Don Aniceto de la Htguera, of the illustrious College of Lawyers, 
and a member of the Economical Society of the Friends of the 
Country, in Seville, Secretary to Her Majesty, and honorary Audi- 
tor of War and Marine, and keeper of the General Archives of the 
Indies, in said city. 

1 certify, that the most excellent Count de San Luis, Cabinet 
Minister, and of the interior of the kingdom, having forwarded to me 
the Royal Order issued in Madrid, on the 27th of May, 1850, which, 
being copied literally reads thus: 

Colonial Department. — H. M. the Queen, has thought fit 
to grant permission to Don Felipe Molina, Minister Plenipoten- 
tiary of Costa Rica at this court, in order that he may, either 
himself personally, or through the medium of a deputed agent, 
have access to those archives, to investigate the boundaries of 
the aforesaid Republic, composed of the old province of that name, 
and of the District of Nicoya, in what constituted the Captaincy 
Generalship of Guatemala, directing, at the same time, that copies 
of those documents, not private, tending to establish the boundaries 
referred to, shall be granted to said Plenipotentiary. I communicate 
this to you, by Royal command, for such purposes as may be neces- 
sary, and as a continuation of the order of the 19th instant. May 
God preserve you for many years. Madrid, May 29th 1850 — Saa 
JLuis. 

To the Keeper of the General Archives of the Indies. 



3S 

Am], ihetf iuividi; applied likewise to ii)e, Seflor Don Jose Maria 
Gutierrez, honorary Secretary to Her .Majest*, deputed by Senor 
IX)n Felipe Molina, Minister Plenipotentiiuy of Costa Rica, I showed 
him a volume of doounients which is preserved in this archive, en- 
titled '* Depariineni of Peru — Registers of Veragua — otiicial papers, 
and others belonjjing to private parties — one volume — from the year 
loJM to 16r28," which volume is bound, and contains two hundred 
and six leaves of reading matter, wherein are to be found several 
Royal orders and diverse paragraphs, which have been marked out 
by said agent, for the purpose of this certificate, and which having 
been copied literally, one after the other, read as follows : (The first 
leaf contains the contract respecting the province of Veragua, agreed 
upon with Captain Felipe Gutierrez, with a view to its conquest and 
settlement, which is said to comprise the territory, from the point 
where the boundaries of the district of Castilla del Oro, called Tierra 
Firme, do terminate, which boundaries were desiijnated to Pedrarias 
Davila and to Pedro de los Rios, former governors of said Province, 
by the instructions that were given to them, up to the cape of Gra- 
cias a Dios). 

(Turning to the thirty eighth leaf, on its back page, there is found 
the capitulation entered into with Diego Gutierrez, relative to the 
conquest o( the Pixnince of Cartago, dated at Madrid, the 59ih of 
November 1540, and, in it, there is a paragraph, which being literally 
copied, runs thus :) 

" In the iirst place, 1 give you permission and power to conquer and 
to settle, lor us, and in our name, and that of ihe,Kopl Crown of Casiille, 
the land which remains to us in said province of Veragua, from sea to 
sea inclusive ; to begin at the terminus of the 2.^ square leagues which 
we have granted to Admiral Don Luis Colon, towards the West, whicii 
said 25 league* begin from the Rio lU Belen, inclusive, extending in a 
parallel Hue, as iar as the Bay of Carabaro. and what may be \N-anting 
to make up the complement of the 25 leagues aforessivi, will have to be 
measured higher op of said Bay, by parallel as aforesaid, and where said 
25 leagties terminate, there will commence other 25, by meridian North, 
Sou'.h. and a like number of leagues to comment- from Rio de BeJ^n. 
by said meridian pf said North South* and where said 25 leisrues termi- 
nate, there will begin another 25, which will have to be measured, by 
parallel, until they terminate at the junction of the terminus of the above 



39 

ineniiotitd 25 leagues, wliicli had to be measured further up the Bay o( 
Carabaro ; so that, fiom the points where the aforesaid 25 square leagues 
terminate, measured in the manner above indicated, your work of conquest 
and settlement will commence, ending at Rio Grande, towards the west, 
on the other side of Cape Camaron ; it being understood, that the shores 
of said river, in the direction of Honduras, remain within the jurisdic- 
tion of said Province of Honduras; and in the same manner, if there 
should be on said river any islands inhabited or to be inhabited by In- 
dians, and the same should not have been conquered and peopled by Span- 
iards, you are at liberty to conquer them; provided, that the navigation, 
fisheries, and other advantages of said river remain common to all ; and, in 
the same manner ; provided that you do not approach within fifteen 
leagues of the lake of Nicaragua, inasmuch as these 15 leagues 
with said lake, must remain and do remain within the jurisdiction of Ni- 
caragua ; but the navigation and fisheries of what remains to you in said 
river, and the aforesaid fifteen leagues and lake which remain within the 
jurisdiction of Nicaragua, must be common to all; and we likewise give 
you permission to take possession of and to people such islands as are to 
be found within the range of said region of country, on the Northarn sea, 
provided that you do not penetrate beyond the borders or boundaries of 
ihe Province of Nicaragua, nor into the other provinces that have been 
committed to the care of other governors, nor any place that has been 
settled or located by any other governor whatever," 

(Turning to the 45lh leaf, also on its back page, there is. 
found a permission to conquer and to settle what had been givem 
10 Captain Diego Gutierrez to govern over, dated Madrid, the I6tlii 
of December, lb40, and in it there occurs a paragraph, which being 
copied literally, runs thus, [being in every respect, the same- as the 
preceding, it is not therefore copied.]) 

(At leaf 66th there is the reply given by the Lord Prince at Val- 
ladolid, on the 9th of May, 1545, to Diego Gutierrez,. Governor and* 
Captain General of the Province of Cartago, in answer to his letter of 
November 30th, 1543, addressed to the Ennperor, on the subject of 
the events that had taken place since his arrival, and the tenor of ilia- 
3d paragraph being copied literally, rijns thus :) 

" You say that you have been coro.marided by His Majesty not lo ap- 
proach within fifteen leagues of Lalie Nicaragua, and that the Outlet* of 
the same, is in the centre of the recast under your jurisdiction ; and that'^ 
by going up said river called thei. Outletyas far as its source in. whaid tha 

* Pesagaadero, 

r 



40 

inhabitants of Nicaragua call a lake, there may be a distance of from 22 
to 23 leagues, and that if you are not to proceed further than within 15 
leagues of thai place, the grant bestowed upon you by His Majesty, would 
be almost null in itself, and that you would have wasted your means- 
and you ask that a declaration, to this effect may be ordered to be made. 
I will order the whole to be examined into, and such pr&visions will be 
made in the matter as may be proper and just; in the meanwhile, you 
shall abide by what has beeft previously ordained' in your charters and' 
instructions." 

(Turning to the hundretb leaf, on the following page, there is^ 
found a Royal order, dated Madrid the 4th of August 1561, addressed' 
to the Council and Corporation of the town of Castillo de Austria, 
(Austria's Castle,) which being cop^ied entire, is as follows:) 

" The King — Council, Justices, Municipal authorities. Gentlemen, 
Squires, Officials, and good men of the town of Castillo de Austria, I 
have considered your letter of the 21st of November of last year, 1560,. 
in which you speak of the settlement you have established in that town^ 
in the port of San Geronimo, which is in the province of Gartago, and 
the hope j'ou entertain of discovering the places where great riches exist, 
in consequence of the knowledge you have acquired of the country, and 
the labors you have undergone and are undergoing, and how youhave 
selected Juan de Estrado Ravago, a clergyman, for chief, in the place of 
she licentiate Cavallon, who v/ill administer that government, and i have 
been greatly pleased at that discovery and the settlements you have es- 
tablished, and the hopes you entertain that that country must be rich, 
and therefore I am beholden to you, and appreciate the labors you have 
performed in the matter, and the good order which, it appears, you have 
preserved in every things and I charge you to continue what you have 
commenced, and endeavor that said population shall become civilized,, 
and let the lands to be found in the district be reconnoitred, and the In- 
dians inhabiting the same, be well treated, and taught in the things of. 
our Holy Catholic Faith, and that we may be benefited in what is good^ 
and just for us to profit by, that I will direct your services to be placed on 
record, in order that you may be graciously rewarded, as circumstances 
shall allow. In regard to wlaat you write, begging us to confer the title 
of pastor and prelate upon said Juan de Estrada Ravago, clergyman, for 
being a meritorious person, and such as is proper for said charge,/or the 
present it appears too soon to provide a prelate for that country, in con- 
sequence of its having been so lately settled, and the population being so 
small ; hereafter, when the occasion shall have arrived for doing so, we 
will bear in mind what you have asked of us, and due notice shall be 



41 

taken of the services that the said Juan de Estrada Ravago is peilonning, 
and may perform, in order that he may be rewarded, as justice requires 
according to his deserts — Madrid, August 4 156 1 — I, the King — Counter- 
signed — de Erasso — Signed by Vazquez — Castro — Xarava — 'Valderra- 
ma — Gomez— Zapata." 

(Turning to the hundredth and one leaf, there is found another 
Royal order addressed to Juan de Estrada Ravago, which being 
copied literally, reads thus :) 

" The King — Juan de Estrada Ravago, I have considered your letter 
of the 21st of November of last year, 1560, dated at Castillo de Austria, 
which is in the Province of Cartago and Costa Rica, and by it, and by 
the statement you have sent us, and from what has been written to us from 
that town, I have learned the labors you have performed in the dis- 
covery and settlement of the same, and how the Licentiate Cavallon, by 
commission of our President and Justices of the Royal Court of the Con- 
fines (the Audience of Guatemala, was so called) sent you to make said 
discovery, and how you proceeded there by sea, while he was coming 
by land, attended by a number of people and cattle ; and I have been 
well pleased with what you have done, which, according to your ac- 
count, I take it to be all correct, and I am beholden to you, and duly es- 
timate the trouble you have taken in the matter, and I trust in our Lord, 
that the said Licentiate Cavallon joining you, the discoveries in that 
country will be completed, and the resources of the same be made known, 
and that the natives will be greatly benefitted by their instruction and con- 
version to our Holy Catholic Faith, because, with your zeal and chris- 
tian piety, you will bring to the task all the care that is necessary, and 
thus we charge you, to continue what you have commenced, and that you 
will endeavor to cause said population to progress, and that we may de 
rive the benefits, which we might, with justice and reason obtain from it, 
and you especially, as a priest and an eclesiastic, take great care of the In- 
dians, and of their good treatment and instruction in the things of our Holy 
Catholic Faith, and you must keep us constantly advised of what may 
be doing on the subject, and what provisions may be necessary to be 
made for all ; that, on our side, with regard to your services and the 
labors you have performed and may perform, I will order a record to 
be made of the same, in order that you may be the recipient of our 
favor?, in what may be tangible, as justice requires, and you deserve — 
Madrid, August 4, 1561. The King — countersigned — de Erase — sig- 
natures as before." 

(And, on the next page of leaf one hundred and one, there is 



43 

another Royal order addressed to the Licentiate Cavallon, the tenor 
of which, copied literally, is as follows :) 

" The King — The Licentiate Juan Cavallon, our fiscal of the Royal 
Court of the Confines, by letters received from Juan de Estrada Ravago, 
and from the town of Castillo de Austria, I have heard how our Presi- 
dent and Justices of said Royal Court of the Confines have appointed you 
our Chief Alcalde of the Province of New Cartago and Costa Rica, in due 
form, and how you, in fulfilment thereof and in consideration of the service 
which it would be rendering to our Lord and to ourselves thereby ; have 
determined to go and settle that country, and have concerted with said 
Juan de Estrada Rabago, to carry, by joint action, said project into effect, 
and thus accordingly, you both got ready what was necessary for the 
purpose, and have agreed that said Juan de Estrada Rabago should go 
by sea, and you by land, and thus did said Juan de Estrada go, with 
nearly sixty men, and landed in the port of San Geronimo, which lies 
in said Province of Cartago and Costa Rica, where, it appears, he founded 
said town of Castillo de Austria, and that he was waiting there for you 
and the people whom you brought by land ; and I have been pleased to 
hear, what has been done, in regard to that discovery and settlement, 
because it appears that it has been done rightly, according to the account 
which has been sent to us by said Juan de Estrada Rabago, and I am 
persuaded that when you shall have joined that party, the exploration of 
that country will be completed, and the resources which it contains be 
made known, and that the natives of the same will be inclined to the 
ways of peace, and to the knowledge of our Holy Catholic Faith ; and 
therefore, I charge you, that since this task of making discoveries and 
founding settlements has been entrusted to you, that you will do in the mat- 
ter, what is proper for the service of God our Lord and mine, observing, in 
every thing, the order which has been issued by us, relative to new set- 
tlements and discoveries; and you will cause the natives to be well treated, 
and that roe may derive such benefits from it, as ought, with justice and 
propriety, accrue to us; and that after reconnoitring said land, and founding 
such settlements in it, as you shall decide upon, and bestowing upon the 
same, such order and governmentas you shall judge proper, you may re- 
turn, whenever you shall deem it expedient, to reside, where said court 
is held, in order to perform therein, the functions of Fiscal, which we 
have again provided for ; with regard to the services you have rendered 
hitherto, and may render hereafter, both in regard to the discoveries and 
founding of settlements, and in whatever else you have served us, we will 
..order a rrcord to be kept, in onlrr that you may be an ohject of our Royal 



43 

gifts as circumstances shall allow— Madrid, Augus 4, 1561 — I th« King, 
countersigned — De Eraso — signatures as above." 

The above stfitement is correct, and the language corresponds to the 
letter, with the documents which are alluded to in the book aforesaid, 
which is preserved in this archive, under my charge. In evidence 
thereof, I have signed these present in eight leaves of the fourth class 
stamp, every one of them marked with my usual mark, at Seville the 
4th of October, 1850. 

(Signed) * ANICETO DE LA HIGUERA. 

For searching, drawing this certificate and paper, 82 reals. 



Dn. Aniceto de la Higuera, by whom the foregoing instrument has 
been certified to, is what he represents himself, keeper of the general 
archives of the Indies, in this city. In evidence thereof, I, as gov- 
ernorof the province, sign these present, Seville, the 20th of February, 
1851. 

(Signed) JAVIER CAVESTANY. 

(One seal.) 



The Minister of the Interior of the kingdom — I certify that Dr. 
Javier Cavestany, is what he styles himself, governor of the Province 
of Seville, and that the signature affixed to the foregoing certificate, 
is the same as he uses in all his writings. In evidence thereof, I 
sign these presents — Madrid, the 24th of February, 1851. 

(Signed) FERMIN ARTETA. 

(One seal.) 



Don Luis Lopez de la Torre Ayllon, under Secretary of State, 
etc. etc. — I certify that Dn. Fermin Arteta, by whom the preceding 
document has been legalized, is, in reality. Minister of the Interior 
of the Kingdom, as he styles himself, and to all appearance, 
the signature and seal at the bottom, are his own. In evidence 
thereof, I sign these present; — Madrid, February the 27th 1851. 

(Signed) LUIS LOPEZ DE LA TORRE AYLLON. 

(One seal.) 



44 



TITLE DELIVERED IN 1574 TO DON DIEGO DE 
ARTIEDA Y CHIRINOS. 

Don Aniceto de la Higuera, of the [Ikistrious College of Law- 
yers, and a member of the Economical Society of the Friends of 
the Country, in Seville, Secretary to Her Majesty, Honorary Audi- 
tor of War and Marine, and Keeper of the General Archives of the 
Indies in said city. 

I certify, that the most excellent Count De San Luis, Cabinet 
Minister and Secretary for the Interior of the Kingdom, having 
forwarded to me the Royal order, issued in Madrid, on the ^Tth of 
May, 1850, which being copied literally, reads thus : 

" Colonial Department. — H. M. the Queen has thouo;ht proper 
to grant permission to Don Felipe Molina, Minister Plenipotentiary of 
Costa Rica, at this Court, in order that he may, either himself personally 
or through the medium of a deputed agent, have access to those archives, 
to investigate the boundaries of the aforesaid Republic, composed of the 
old Province of that name, and of the district ofNicoya, in what consti- 
tuted the Captaincy Generalship of Guatemala, directing, at the same 
time, that copies of those documents, not private, tending to establish the 
boundaries referred to, shall be granted to said Plenipotentiary. I com- 
municate this to you by Royal Command for such purposes as may be 
necessary, and as a continuation of the order of the 19th instant. May 
God preserve you for many years — Madrid, May 27th, 1S60 — San Luis. 
To the Keeper of the General Archives of the Indies." 

And there having applied likewise to me, Senor Don Jose, Maria 
Gutierrez, honorary Secretary to Her Majesty, deputed by Sefior Don 
Felipe Molina, Minister Plenipotentiary of Costa Rica, I showed 
him a volume of documents which is preserved in this archive, en- 
titled, " Department of New Spain — Register — Letter X — one 
volume, numbered 1602," which volume is bound, and contains one 
hundred and seven leaves of reading matter, and turning to the six- 
ty-sixth on the following page, a document is found which has been 
marked out by the gentleman aforesaid, as tending to subserve the 
purpose of this investigation, which being copied, literally, says as 
follows, on the margin : 

" Title of Governor and Captain General oi the Province of Costa 



4^ 

Rica, for Captain Diego de Aitieda, and for a son, brotiier, or any person 
he may name," and tiie text, thus : " D. Phelipe 2d, Whereas, being well 
pleased with you, Captain Diego de Artieda, and the services you have 
rendered us and the desire you have to continue the same, and to add to our 
Royal Crown of Castille, toe have ordered you to be apprised of an ordi- 
nance we have issued relative to the discovery, settling, and pacification of 
Costa Rica, which ordinance contains a passage couched in these words : 
hi the first place, we give you permission and power to reconnoitre, set- 
tle, and pacify said Province af Costa Rica, and the other lands and prov- 
inces included in the same, which is, from the North Sea to the South 
Sea in breadth, and in length, from the boundaries of Nicaragua, on the 
side of Nicoya, straight forward to the Valleys of Chiriqui, reaching the 
Province of Veragua; and we bestow upon you the government and Cap- 
tam Generalship of said Province of Costa Rica, and of all the other 
lands which, as above stated, are included in the same, for the term of 
your natural life, and that of your son or heir, or any person you may 
name, with two thousand ducats of salary for each year, taken out of the 
produce and revenue which may belong to us in said Province, with the 
understanding, that there being none such, we shall be under no obligation 
to cause any portion of said salary to be paid to you; and to this effect 
we will order the title and the necessary warrant to be forwarded to you. 
Therefore, in observance and fulfilment of said ordinance, and the chap- 
ter mentioned above, it is our will and pleasure, in virtue of these pres- 
ents, that from the present moment and for the future, and for the whole 
term of your natural life, you be our Governor and Captain General of 
said Province of Costa Rica, and of all the other lands and provinces that 
are included in it, which is, from the North to the South Sea in breadth 
and in length, from the confines of Nicaragua, on the side of Nicoya, 
straightforward to the Valleys of Chiriqui, reaching the Province of Ve- 
ragua on the South ,aHd on the North, from the mouths of the Desagua- 
dero (the outlet) which is on the side of Nicaragua, all the land running 
along, until reaching the Province of Veragua ; and that after your death, 
said government and Captain Generalship be held by your son or heir, or 
any person you may name to that effect, according to, and after the manner 
you may have held and shall hold the same ; and that you will adminis. 
ter our civil and criminal laws and have jurisdiction over the courts of 
justice which shall be found in said Province of Costa Rica, and the lands 
and population specified above; and by this our letter, we order the coun- 
cils, justices, municipal authorities, gentlemen, squires, officials, and all 
good men, of all cities, towns, and places that may be fouiid in said Prov- 



46 

jnrc,- lands and population, as above specified, and our officers, and otheJr 
persons that may reside there or shall reside in future, that as soon as they 
shall have been required, in virtue of this our letter, without any further 
delay or demurrage, or consultation, without hoping or expecting another 
letter from us, nor second mandate, or third injunction, they will take and 
receive frooi you, said Captain Diego de Artieda, and after you, from your 
son or heir, or from any person you shall name, the oath and other for- 
malities prescribed by law, which may be required iri such case, and this 
you must do, and the same having been done both by yourself and them, 
they shall hold, receive,and consider you as our Governor ar>d Captain 
General of said Province of Costa Rica and the population thereof ; and 
they shall freely allow and consent that you and they, use and exercise 
said offices, and fulfil and execute our law, either personally or by means 
of your alcaldes, lieutenants, and theirs, whom you and your successors 
may remove and depose, every time and whenever our service and the 
execution of our law may require, and substitute others in their places; 
and to hear, despatch and determine all suits and causes-, both civil 
and criminal, which may hereafter be instituted in said Province and lands 
above specified, and settlements that are inhabited or about to be inhabited; 
both among the people that may be found there, and the natives, and 
among those that may come and settle there hereafter, and you and your 
said son or heir or the person you may name for said government, and 
your aforesaid Alcaldes and Lieutenants may levy the taxes annexed and 
appertaining to said offices ; and investigate fully all cases of rights, pre- 
cedents, and everything else annexed to and concerning said offices ; and in 
order. that you may perform and exercise said functions, and execute our 
law, all must conform to you in their persons and property, and give and 
cause to be given to you, all protection and assistance that you shall ask 
of them, and stand in need of; and they shall respect and obey you, ia 
everything, and fulfil your mandates, and those of your said Lieutenants,* 
and in regard to this, nor any portion thereof, they shall not offer or allow 
lobe offered you any impediment or obstacle; for we, by thase pres- 
ents, do confirm you and consider you as confirmed in said offices, and tO' 
the use and exercise of the same : and we give you power and authority,, 
as well as to your said son or heir, or person that you may name, and to> 
your said Lieutenants and theirs, to use and exercise the same, in case 
that any of them should refuse to accept you in said offices; and by this- 
our letter, we command all and every person that have, or should have 
possession of the rods of our authority in said province or lands, thai as 
soon as they shall be required by you, said Captain Diego de Artiedaj 
they will give and deliver the same into your hands, sssd that they/ ^alll 



47 

not make use of it without your permission and special command : and af- 
ter you, to your said son, or heir, or the person you may name to that effect, 
under the penalty which all persons exercising any public and royal of- 
fice, without authority, incur and are liable to : because we by these pres- 
ents, do suspend and have suspended them; and moreover, with regard to 
the fines belonging to our exchequer, which you or your Alcaldes and 
Lieutenants may impose, you will collect and cause the same to be col- 
lected and to be given and delivered to the treasurer of said province, and 
we command, moreover, thatif you, said Captain Diego de Artieda, and 
after you, the person who is to succeed to said Government, should deem 
it advisable for our service and the establishment of our justice, that any 
person or persons now being in the Province, or hereafter going to reside 
jn it, should depart therefrom, and not remam in it, nor enter the same, 
but that they should come and appear before us, that you may order them 
to do so, in our name, and you shall compel them to leave conformably to 
what the royal ordinance on the subject does prescribe, giving to the per- 
son thus expelled, the reason for expelling him, and should you consider 
the reason to be a secret one, the same to be delivered sealed, a duplicate 
of which, to be forwarded to us by you, through another channel, in order 
that we may be informed of the fact; but you must bear in mind, that 
when you shall think it necessary to expel any one, it must not be without 
good cause, to which effect, and for the exercise of said offices, we give 
you power and authority, with all things, incident, dependent, annexed 
and connected with the same; and it is our will and pleasure, that you 
should have and receive for salary yearly, with said Government and 
Captain Generalship, two thousand ducats, of three hundred and five 
thousand reals each ; which you will enjoy from the day that you sail 
from the ports of San Lucar de Barrameda, or city of Cadiz, in pursuit 
of your journey, forward, during all the time that you hold said Govern- 
ment ; which salary, we command our officers of said province of Costa 
Rica, and the lands belonging to the same, to gi ve and pay you each year, 
out of the revenue and profits which may, in any waj'', belong to us, in said 
Province and Government; and there being no revenue nor profits, we 
will not be obliged to cause any payment to be made to you in the matter ; 
and it is our will and pleasure, that the same salary, with said Govern- 
ment and Captain Generalship, shall be given and allowed to j^our said 
son or heir, or the person you may name, and who shall succeed you in 
said charge, and that he shall enjoy said salary from the day he is confirmed 
and begins to perform and exercise said offices, forward, and for all the time 
he shall perform the same; and that our said officers accept your receipts,and 
theirs, which, together with a copy of this, our decree signed by a public 

G 



48 

notary, I order that they be admitted and credited to their account for the 
sums that said officers may have paid and given, agreeably to the same ; 
and neither of you shall act, in any way, contrary to the above. Given 
at Aransuez on the 18th of February, 1574— f, the King — by command 
of His Majesty-^-Antonio de Eraso— signed by the President of the Coun- 
cil, Juan de Ovando. 

The above is literally copied from the document alluded to, pre- 
served in this archive, under my charge. In evidence thereof, I sign 
these present, in six leaves of the fourth class stamp, every one of 
them marked with my usual mark ; Seville, August 19th, 1850. 
(Signed) ANICETO DE LA HIGUERA. 

(For searching, drawing this certificate and paper, 73 reals. 



D. Manuel de Podio Valero, Chief Clerk of the Government of 

this Province, and acting Secretary of the same. 

I certify that the foregoing document has been issued by the keeper 
of the general Archives of the Indies in this city, and that the signa- 
ture which he has affixed to it, is the same he uses in all his writings, 
and is known as his. And, in subservience of the purposes to be 
effected, 1 sign these present, in Seville, the 2d day of September, 
1850. 

(Signed) MANUEL DE PODIO Y VALERO. 
(Signed) [Correct] CAVESTANY. 

(One Seal.) 



The under Secretary of the Department of the Interior for the 
Kingdom. I certify, that Don Manuel de Podio y Valero, whose cer- 
tificate appears above, is Secretary to the Government of the Pro- 
vince of Seville; and that the signature he has affixed to it, is the 
same he uses in all his writings. In evidence thereof, and in sub- 
serviency of the object to be effected, I issue these presents, with the 
approval of the M. E. Minister of the Interior, in Madrid, the 10th 
of September, 1850. 

(Signed) .JUAN DE LA CRUZ OSES. 

(Signed) [Correct] SAN LUIS. 

(One Seal.) 



49 

Don Antonio Caballero, Knigbr Grand Cross of the Royal Ameri- 
can Order of Isabel the CathoHc, Commander of the Order of 
Charles III, a Knight ol the renowned Military Order of San 
Juan de Jerusalem, Commander of the Legion of Honor of 
France, etc., Secretary to Her Majesty, with privilege to authenti- 
cate Royal Decrees, and under-Secretary of State, etc., etc., 

I certify, that Don Juan de la Cruz Oses, by whom the foregoing 
document is authenticated, is under-Secretary of the Department of 
the Interior for the Kingdom, and that the signature affixed at the 
end, is his : In evidence thereof, I have given these present, in 
Madrid, on the 12th of September, 1850. 

(Signed) ANTONIO CABALLERO, 

(One Seal.) 



COSTA RICA AND NICARAGUA. 



APPENDIX. 



The present Republic of Costa Rica is composed of the ancient 
Province of the same name, and of a District called Guanacaste or 
Nicoya, formerly belonging to the Province of Nicaragua. ' 

What was the extension of Costa Rica in old times, up to the 
date of the independence ol the mother country, is shown in the 
charters granted to Gutierrez and to Artieda, which have been in- 
serted in full in the preceding pages. 

The limits of the District of Nicoya or Guanacaste are described 
by Juarros, the historian of the country, in the following words : " it 
is contiguous on the westward to thecorregimiento or alcaldia mayor 
of Sutiava ; it is watered on the south by the Pacific ocean ; on the 
north by the Lake of Nicaragua ; and it stretches eastward as /ar as 
the boundaries of Costa Rica." 

Alcedo, in his Geographical Dictionary, published in 1188, de- 
scribes thus the department of Nicoya : 

" A province and alcaldia mayor of the kingdom of Guatemala in 
Spanish North America; its boundaries being on the east the province 
of Costa Rica; on the north the Lake of Nicaragua; on the west and 
south the Pacific ocean , it is of very small extension ; and is considered 
as a parlido (district) of the province of Nicaragua; the governor qf 
which, appoints its alcalde mayor as his deputy." 

The river La Flor was then the recognised division line between 
Sutiava and Nicoya, as shown by the land titles of the estates or 
farms lying on either side of that frontier, and as practically estab- 
lished, from time immemorial, for the local administration of the re- 
spective parishes. 

How the district of Nicoya came to be dismembered from Nica- 
ragua and annexed to Costa Rica, is easily explained. Three years 
after the independence (in 1824) the anarchy prevailing in the former 
and the peaceful condition of things in the latter, induced the inhabi- 
tants of the district to put themselves under the protection of the 
then, newly established State of Costa Rica. 



52 

The Federal Congress of Central America, whose aulhoriiy ex- 
tended equaliy over Nicaragua and over Costa Rica, in the exercise 
of its constitutional powers, approved the annexation by the following 
tiecree : 

"The President of the Federal Republic of Central America. 

" Whereas the Congress (House of Representatives) has passed, and 
the Senate has confirmed, the following decree: 

•' The Congress of the Federal Republic of Centra! America having 
duly considered (1) the reiterated, petitions addressed by the authorities 
and mnnicipal corporations of the district of Nicoya, praying that this 
district be dismembered from the State of Nicaragua, and annexed to the 
State of Costa Rica. (2) The de facto union that the people of the same 
district have actually effected (Z^) with the aforesaid State of Costa Rica, 
during the disturbances of Nicaragua; and (3) the geographical situa- 
tion of the above mentioned district, decrees as follo'.vs : 

" Article 1st. For tHe present, and until such a daj' when the demar- 
cation of the territory of each State shall be decided upon, in compliance 
with the 7th article of the constitution, the district of Nicoya shall con- 
tinue to be separated from the State of Nicaragua, and incorporated with 
the State of Costa Rica. 

" Article 2d. The aforesaid district shall, in consequence, recognise 
the authorities of Costa Rica, as its own ; and shall have, in the legisla- 
ture of that State, the representatives it may be entitled to. 

" Article 3d. The present decree shall be comunicated to the respec- 
tive legislatures of Nicaragua and Costa Rica. 
'* To the Senate. 

" Issued in Guatemala, on the ninth of December of the year one thous- 
and eight hundred and twenty-five. 

•' MANUEL FRANCISCO PAVON. 

^'President, 
"JOSE FRANCISCO DE CORDOVA. 

"• Representative Secretary, 
•' MARIANO GALVEZ, 

" Representative Secretary^ 
"House of the Senate, Guatemala, 8th March, 1S26. 
" To the executive. 

'•MARIANO BELTRANENA, 
"JUAN DE LOS SANTOS MADRIZ, 

' ' Senator Secretary. 
" National Palace, Guatemala, 18th March, 1826. 
" Wherefore, let h be executed. 

" MANUEL JOSE ARCE, 
" By order of the President. 

"JUAN FRANCISCO SOSA, 
•' Secretary of S ate in the Department of Internal and 
External Relations," 



ib) From 1824, 



53 

The aforegoing decree was accordingly published, and accepted by 
all Centra! America as the law of the land. 

When the Central American Union was dissolved in 1840, each 
State kept the limits it had at that moment. Accordingly, the dis- 
trict of Guanacaste has formed for the last twenty-nine years, and con- 
tinues to form a part of Costa Rica, the authority of which coun- 
try is actually established over all the inhabited portion of the dis- 
trict. 

Nicaragua, nevertheless, without the least show of reason, dis- 
putes to Costa Rica : 
Istly. The sovereignty over Guanacaste, and over the territory lying 

on the southern bank of the river San Juan : and 
2dly. The right to navigate said river and the great lake. 

Let the reader take a full view of the case, hear both sides, 
ponder upon the evidence and facts brought forward and judge for 
himself. 

A pamphlet exclusively devoted to the Nicaragua question; and 
discussing at length, the rights of Costa Rica, was published by the 
author of the present memoir about two years ago. It concludes with 
a summary of the propositions therein demonstrated, which, beino- al- 
ways ready to prove, we think it will not be inappropriate to repeat 
here. 

'SUMMARY. 

We believe we have clearly demonstrated, in the preceding 
pages — 

Istly. That Guanacaste belongs to Costa Rica : 

By the the free will of the people of that district. 

By the resolution of the Federal Congress. 

By an undisturbed possession during 29 years. 

By the cession of Spain in favor of Costa Rica. 

By the payment of its share in the foreign debt by Costa Rica. 

By the liability for its share in the colonial domestic debt, which 
Costa Rica has taken upon herself. 

2dly. That Guanacaste belonged to the province, but never to the 
State or Republic of Nicaragua. 

3dlv. That when the Federation, now extinct, of Central America 



54 

was framed, the principle that each province becoming a State should 
maintain its ancient jurisdiction and territories was not adhered to. 
For instance, the district of Sonsonate, formerly belonging to Guate- 
mala, was separated from this province, and incorporated with Salva- 
dor. 

4thly. That the Federal Congress possessed constitutional authority 
to declare the annexation of Guanacaste to Costa Rica. 

5ihly. That the provisional character given to that measure cannot 
be regarded as continuing to exist after the destruction of the political 
order of things to which it referred. 

6thly. That when that change took place the people of Guana- 
caste, in exercise of their natural liberties, were justified in consum- 
mating, as they did, their final incorporation with Costa Rica. 

7thly. That the title of "the Republic of Costa Rica" to the 
southern shore of the harbor of San Juan is established beyond all 
question, as the boundary belonging to the old province of Costa Rica. 

8thly. That the right of the " Republic of Costa Rica" to claim 
for its frontier the whole course of the river San Juan, from the At- 
lantic to the lake, is likewise established in virtue of the right thereto 
of the ancient province of Costa Rica, and in that of the old district oj 
Nicoya ; for at whatever point the territory of the one is considered 
to terminate, there the territory of the other must begin. 

9thly. That the title of the Republic of Costa Rica to the boundary 
o( Lake Nicaragua, from Fort San Carlos to La Flor, is established 
on the right of the old district of Nicoya. 

lOthly. That the claim of the Republic of Costa Rica to the joint 
navigation of the river San Juan and Lake Nicaragua rests both on 
the right possessed by the ancient province of Costa Rica and by the 
ancient district oj Nicoya. 

llthly. That Costa Rica took only a passive part, and Nicaragua 
a very active one, in promoting the dissolution of the late Central 
American Confederation. 

12t'hly. That the dissolution of the old Union was consummated 
through the agency of Nicaragua, by the fact of her negotiating on 
her own and sole account with foreign powers, with foreign specu- 
lators, and even with a Mosquitian princess, violating thereby the 
eno^agements entered into with Costa Rica in regard to territorial 
questions. 



EXPLAIN ATIONS TO THE MAP FACING THIS PAGE. 



NEW GRANADA QUESTION. 

(Red.) Boundary ordained to Don Luis Colon (Columbus' grand- 
son) by charter of 1538, and designated also to Costa Rica by cliar- 
ter of 1540. 

(Blue.) True boundary of Costa Rica with New Granada (Vera- 
gua) as modified by charter of 1574. 

(Ydloxv.) Boundary claimed by New Granada, according to Vice 
Consul Montoya. 

NICARAGUA QUESTION. 

(Green.) The Desaguadero or river San Juan, formerly the 
boutidary to the ancient province of Costa Rica, from a point within 
iSJeagues of the Lake, according to the charter of 1540, to 
its mouth, according to the charter of 1574. 

(Grten.) The river Tempisque or Salto, formerly the boundary of 
the ancient province of Costa Rica, from its source to its mouth, 
according to charter. The territories on its left or eastern bank 
having been occupied, from time immemorial, by the towns and 
farms belonging to that province. The old town of Bagaces, al- 
ways Costa Rican, lies about 30 miles up the river Salto. 

(Vermillion.) The District of Nicoya or Guanacaste, annexed to 
Costa Rica, after the independence by the free will of its inhabi- 
tants in 1824 ; their action having been approved by the Federal 
Congress of Central America in IS'25. In actual possession of 
Costa Rica for the last 29 years. 



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